HomeMy WebLinkAboutR-2003-047 2001 to 2003 Fire PERS / 911 Calltakers / Public Safety Dispatchers Collective Bargaining AgreementRESOLUTION NO. R-2003- 47
A RESOLUTION authorizing and directing the City Manager of Yakima to
execute amended collective bargaining agreements for
calendar years 2001, 2002 and 2003 with the International
Association of Firefighters (Fire PERS and Public Safety
Dispatchers and Lead Dispatchers), AFL-CIO.
WHEREAS, pursuant to requirements of state law, labor negotiations
have occurred between the City and Fire LEOFF Fire Department employees
and Fire PERS Fire Department employees represented by the International
Association of Firefighters (Fire PERS and Public Safety Dispatchers and Lead
Dispatchers), Local 469, AFL-CIO, resulting in the amended collective bargaining
agreement documents for calendar years 2001, 2002 and 2003; and
WHEREAS, the City Council deems it to be in the best interests of the
City that such collective bargaining agreements be executed by the City, now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
YAKIMA:
The City Manager of the City of Yakima is hereby authorized and
directed to execute collective bargaining agreements for calendar years 2001,
2002 and 2003 with the International Association of Firefighters (Fire PERS and
Public Safety Dispatchers and Lead Dispatchers), Local 469, AFL-CIO, copies of
which collective bargaining agreements are attached hereto and by reference
made part hereof.
ADOPTED BY THE CITY COUNCIL this 18th day of March, 2003.
ATTEST:
CITY CLERK
MAYOR
OFFICE OF THE CITY MANAGER
129 North Second Street
CITY HALL, Yakima, Washington 98901
Phone (509) 575-6040
Memorandum
Date: March 13, 2003
To: Mayor and City Council Members
From: Dick Zais, City Manager
Subj: Police Chief Compensation Adjustment
The City of Yakima is beginning a second recruitment process for the current Police
Chief vacancy. During the first recruitment we became aware that our Police Chief
salary was lower than many other Police Chief advertisements. Competitively, this has
placed the City of Yakima in a disadvantageous position in the marketplace to recruit
and retain qualified individuals with the expertise necessary for this level of
responsibility. Due to salary compression within the police management ranks, there is
little economic incentive to promote to the Chief's position. Currently, there is
approximately a 10% difference between top step Police Chief and Police Captain and
approximately a 10% spread between top step Police Captain and Police Lieutenant, not
including any overtime earnings.
Consequently, to assist us with a successful outcome to this current search process, we
have conducted a current salary survey for the Police Chief classification. Attachment
A reports the results of the salary survey which indicates that our 2003 top step
compensation for Police Chief is 9.6% or $758.00 per month below the 2002 top step
compensation for other comparable cities with of a population of 35,000 to 85,000.
To increase our competitiveness in the marketplace, it is recommended that the Police
Chief classification be reallocated from pay range 964 ($6,502/mo - $7,897/mo) to 963
($6,826/mo - $8,294/mo). This reallocation places the Police Chief classification one
pay range below the Assistant City Manager classification at pay range 962 ($7,162/mo
- $8,710/mo). It is important to note that that the actual cost of filling this vacancy, even
with the reallocation to a higher pay range, will be less than the cost of the incumbent
who recently retired. This is due to the fact that any new employee will not be eligible
for longevity pay for five years and the employee who retired was receiving longevity
at 9.0 %.
We recognize that at a point in the future we will want to review the compensation
levels of other management positions; however, in our current economic climate, this is
not the appropriate time to do so. In summary, if we do not maintain a competitive
position in the marketplace in the regional northwest or Washington state, it will be a
deterrent to hiring the best and brightest to meet our organizational needs. Yakima
bald
1994
Attachment A
Management Compensation
Chief Police
Washington Cities Population
35,000-85,000
2002 2002 2002
Rank City Population Annual Salary Monthly Salary
1 City of Kirkland 45,770 $114,756 $9,563
2 City of Renton 51,140 114,612 9,551
3 City ofOlympia 42,530 innncc
1V7,VJV 9088
4 City of Edmonds 39,590 108,804 9,067
• 5 City of Kent 81,900 107,928 8,994
6 City of Redmond 45,490 107,136 8,928
7 City of Richland 39,350 105,276 8,773
8 City of Auburn 43,985 101,112 8,426
9 City of Bremerton 37,260 98,808 8,234
10 City of Longview 35,100 96,564 8,047
11 City of Bellingham 68,890 92,844 7,737
13 City of Kennewick 55,780 89,292 7,441
Average $103,849 $8,654
12 City of Yakima 2002 Step E $91,768 $7,647
$ Difference From Average $12,081 $1,007
% Difference 13.17 %
2003 Yakima Chief Of Police $94,768 $7,897
$ Difference From 2002 Average $ 9,081 $ 757
% Difference From 2002 Average 9.6
2003 Assistant City Manager $ 104,520 $ 8,710
Human Resources
Police Chief Salary Survey.doc
Ordinance B
uRDINAN_.NO. 2003 -
AN ORDINANCE relating to City personnel; adopting a classification and compensation plan for
City employees to be effective April 20, 2003; amending Subsections 2.20.100
A, 2.20.100 B, 2.20.110 A, and 2.20.110 B, all of the City of Yakima
Municipal Code.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Subsection 2.20.100 A of the City of Yakima Municipal Code is hereby amended
to read as follows:
"2.20.100 Classification Plan.
A. Plan Adopted. A classification plan for city employees is hereby adopted to be
effective April 20, 2003, which plan shall consist of the various following subsections of this section."
Section 2. Subsection 2.20.100 B of the City of Yakima Municipal Code is hereby amended
to read as follows:
"2.20.100 Classification Plan.
B . Classes Exempt From Civil Service
Class No. Class Title
1000 Exempt Classification Group
1100 Executive Series
1110 City Manager (Pay Code 960)
1120 City Attorney (Pay Code 964)
1130 Assistant City Manager (Pay Code 962)
1140 Director of Finance and Budget (Pay Code 964)
1150 Director of Community and Economic Development (Pay Code 964)
1160 Director of Public Works (Pay Code 964)
1180 Fire Chief (Pay Code 964)
1190 Police Chief (Pay Code 961 963)
1200 Management Series
1231 Human Resources Manager (Pay Code 970)
1232 Purchasing Manager (Pay Code 973)
1233 Information Systems Manager (Pay Code 968)
1234 City Clerk (Pay Code 973)
1241 Financial Services Manager (Pay Code 968)
1242 Utility Services Manager (Pay Code 972)
1252 Code Administration and Planning Manager (Pay Code 968)
1253 Neighborhood Development Services Manager (Pay Code 971)
1254 Plannning Manager (Pay Code 971)
1255 Telecommunications Manager (Pay Code 973)
1261 Street and Traffic Operations Manager (Pay Code 970)
1262 Transit Manager (Pay Code 971)
1263 Fleet Manager (Pay Code 972)
1266 Refuse and Recycling Manager (Pay Code 972)
1267 Park and Recreation Manager (Pay Code 970)
1271 City Engineer (Pay Code 966)
1272 Wastewater Manager (Pay Code 968)
1273 Water and Irrigation Manager (Pay Code 970)
1274 Public Safety Communications Manager (Pay Code 971)
PERSIX 2003 Work Ordin. PC (3/18/03)
Class No. Class Title
1300 Executive Support Series
1311 Executive Secretary (Pay Code 979)
1321 Senior Assistant city Attorney TT (Pay Code 965)
1311 SeiI.J1 AssistantiJtant City Attorney' 1 (Day Code 968)
1323 Assistant City Attorney II (Pay Code 971)
1324 Assistant City Attorney I (Pay Code 973)
1331 Administrative Assistant to the City Manager (Pay Code 979)
1400 Municipal Court Series
1411 Municipal Court Judge (Pay Code 964)
1421 Court Services Manager (Pay Code 973)
1422 Municipal Court Clerk (Pay Code 987)
1423 Certified Court Interpreter (Pay Code 980)
1430 Deputy Court Services Manager (Pay Code 980)
1431 Probation Services Manager (Pay Code 975)
1432 Probation Officer (Pay Code 978)
1433 Probation Services Clerk (Pay Code 987)
1434 Case Specialist (Pay Code 980)"
Section 3. Subsection 2.20.110 A of the City of Yakima Municipal Code is hereby amended to
read as follows:
"2.20.110 Compensation Plan. A. Pay ranges and pay steps, set out in the schedule
constituting Subsection B through G of this section, for the classes allocated to these pay ranges shall be
in full force and effect as of April 20, 2003. The pay rates shall constitute full compensation for those
employees with a work week of forty hours as set out in other sections of this code. Employees whose
work week is less than forty hours shall be paid at the rate which is in the same proportion to the rates
set out herein that their work week bears to forty hours. The hourly rate for those employees of the Fire
Department whose work week exceeds forty hours shall be computed according to the provisions of
Section 2.22.030 of this code.
The performance of employees in the series designated Subsection B shall be evaluated annually
in accordance with a management performance evaluation plan. The result of the performance
evaluations shall be the determination by the City Manager of the actual salary of each employee in the
designated positions, and the determination by the City Council of the actual salary of the City Manager,
which actual salaries shall be no less than the minimum nor no greater than the maximum set out in the
pay range applicable to the position, according to the following schedule:"
Section 4. Subsection 2.20.110 B of the City of Yakima Mviunicipai Code is hereby amended to
read as follows:
"B. General and Public Safety Management, Union Exempt Supervisors and Confidential Classes
Pay Class
Code Code Class Title
960 1110 City Manager
PERSIX 2003 Work ordin. PC (3/18/03)
A B C D E
MO 7/1/02 7647.32 8032.11 8434.24 8857.16 9299.15
HR 7/1/02 44.12 46.34 48.66 51.10 53.65
MO 1/1/03 7857.05 8252.24 8666.50 9101.56 9555.68
HR 1/1/03 45.33 47.61 50.00 52.51 55.13
iv`ty 7/1/03 7896.91 8293.84 8709.83 9146.62 9604.22
HR 7/1/03 45.56 47.85 50.25 52.77 55.41
Pay Class
Code Code Class Title
961 No Allocated Classification
962 1130 Assistant City Manager
963 No Allocated Classification
1190 Police Chief
964 1120 City Attorney
1150 Director of Community and
Economic Development
1140 Director of Finance and
Budget
1160 Director of Public Works
1180 Fire Chief
1411 Municipal Court Judge
-190 Police Chief
965 1321 Senior Assistant City
Attorney II
966 1271 City Engineer
6380 Deputy Fire Chief
6127 Police Captain
967 No Allocated Classification
PERSIX 2003 Work Ordin. PC (3/18/03)
MO 7/1/02
HR 7/1/02
MO 1/1/03
HR 1/1/03
MO 7/1/03
HR 7/1/03
MO 7/1/02
HR 7/1/02
MO 1/1/03
HR 1/1/03
MO 7/1/03
HR 7/1/03
MD
HR
MO
HR
MO
HR
MO
HR
MO
HR
MO
HR
MO
HR
MO
HR
MO
HR
MO
HR
MO
HR
MO
HR
MO
HR
MO
HR
MO
HR
7/1/02
7/1/02
1/1/03
1/1/03
7/1/03
7/1/03
7/1/02
7/1/02
1/1/03
1/1/03
7/1/03
7/1/03
7/1/02
7/1/02
1/1/03
1/1/03
7/1/03
7/1/03
7/1/02
7/1/02
1/1/03
1/1/03
7/1/03
7/1/03
7/1/02
7/1/02
1/1/03
1/1/03
7/1/03
7/1/03
A B C D E
7285.06 7647.32
42.03 44.12
7486.12 7857.05
43.19 45.33
7524.26 7896.91
43.41 45.56
6934.93 7285.06
40.01 42.03
7125.60 7486.12
41.11 43.19
7162.00 7524.26
41.32 43.41
6609.07
38.13
6791.07
39.18
6825.74
39.38
6295.35
36.32
6468.68
37.32
6501.61
37.51
5995.48
34.59
6160.15
35.54
6191.35
35.72
5711.22
32.95
5868.95
33.86
5898.42
34.03
5435.63
31.36
5584.69
32.22
5612.43
32.38
6934.93
40.01
7125.60
41.11
7162.00
41.32
6609.07
38.13
6791.07
39.18
6825.74
39.38
6295.35
36.32
6468.68
37.32
6501.61
37.51
5995.48
34.59
6160.15
35.54
6191.35
35.72
5711.22
32.95
5868.95
33.86
5898.42
34.03
8032.11
46.34
8252.24
47.61
8293.84
47.85
7647.32
44.12
7857.05
45.33
7896.91
45.56
7285.06
42.03
7486.12
43.19
7524.26
43.41
6934.93
40.01
7125.60
41.11
7162.00
41.32
6609.07
38.13
6791.07
39.18
6825.74
39.38
6295.35
36.32
6468.68
37.32
6501.61
37.51
5995.48
34.59
6160.15
35.54
6191.35
35.72
8434.24
48.66
8666.50
50.00
8709.83
50.25
8032.11
46.34
8252.24
47.61
8293.84
47.85
7647.32
44.12
7857.05
45.33
7896.91
45.56
7285.06
42.03
7486.12
43.19
7524.26
43.41
6934.93
40.01
7125.60
41.11
7162.00
41.32
6609.07
38.13
6791.07
39.18
6825.74
39.38
6295.35
36.32
6468.68
37.32
6501.61
37.51
8857.16
51.10
9101.56
52.51
9146.62
52.77
8434.24
48.66
8666.50
50.00
8709.83
50.25
8032.11
46.34
8252.24
47.61
8293.84
47.85
7647.32
44.12
7857.05
45.33
7896.91
45.56
7285.06
42.03
7486.12
43.19
7524.26
43.41
6934.93
40.01
7125.60
41.11
7162.00
41.32
6609.07
38.13
6791.07
39.18
6825.74
39.38
Pay Class
Code Code Class Title A B C D E
968 6328 Battalion Chief (Day) MO 7/1/02 5177.37 5435.63 5711.22 5995.48 6295.35
12.1 FinancialSer Vices RR 7/1/02 29.87 31.36 32.95 34.59 36.32
Manager Iv10 1/1/03 5319.50 5584.69 5868.95 6160.15 6468.68
1233 Information Systems HR 1/1/03 30.69 32.22 33.86 35.54 37.32
Manager MO 7/1/03 5345.50 5612.43 5898.42 6191.35 6501.61
6126 Police Lieutenant HR 7/1/03 30.84 32.38 34.03 35.72 37.51
1322 Senior Assistant City
Attorney I
1272 Wastewater Manager
1252 Code Administration and
Planning Manager
969 6327 Battalion Chief (Shift)
MO 7/1/02 5176.85 5435.13 5706.78 5994.01 6292.37
HR 7/1/02 23.25 24.41 25.63 26.92 28.26
MO 1/1/03 5319.35 5584.31 5862.64 6158.78 6466.05
HR 1/1/03 23.89 25.08 26.33 27.66 29.04
MO 7/1/03 5346.07 5613.26 5891.58 6189.95 6499.45
HR 7/1/03 24.01 25.21 26.46 27.80 29.19
970 1267 Park and Recreation Manager MO 7/1/02 4932.97 5177.37 5435.63 5711.22 5995.48
1273 Water and Irrigation Manager HR 7/1/02 28.46 29.87 31.36 32.95 34,59
1231 Human Resources Manager MO 1/1/03 5068.17 5319.50 5584.69 5868.95 6160.15
1261 Street and Traffic Operations HR 1/1/03 29.24 30.69 32.22 33.86 35.54
Manager MO 7/1/03 5094.17 5345.50 5612.43 5898.42 6191.35
HR 7/1/03 29.39 30.84 32.38 34.03 35.72
971 1323 Assistant City Attorney II MO 7/1/02 4695.51 4932.97 5177.37 5435.63 5711.22
15101 Assistant Wastewater HR 7/1/02 27.09 28.46 29.87 31.36 32.95
Manager MD 1/1/03 4823.77 5068.17 5319.50 5584,69 5868.95
1253 Neighborhood Development HR 1/1/03 27.83 29.24 30.69 32.22 33.86
Services Manager MO 7/1/03 4848.04 5094.17 5345.50 5612.43 5898.42
1254 Planning Manager HR 7/1/03 27.97 29.39 30.84 32.38 34.03
1274 Public Safety
Communications Manager
11102 Utility Engineer
1262 Transit Manager
972 10101 Deputy Human Resources MO 7/1/02 4471.91 4695.51 4932.97 5177.37 5435.63
Manager HR 7/1/02 25.80 27.09 28.46 29.87 31.36
10303 Financial Services MO 1/1/03 4594.98 4823.77 5068.17 5319.50 5584.69
Officer HR 1/1/03 26.51 27.83 29.24 30.69 32.22
10304 Treasury Services Officer MO 7/1/03 4617.51 4848.04 5094.17 5345.50 5612.43
1263 Fleet Manager HR 7/1/03 26.64 27.97 29.39 30.84 32.38
13101 Parks Operations Supervisor
1266 Refuse and Recycling
Manager
11104 Senior Engineer
11202 Senior Project Planner
(Transit)
11901 Supervising Senior Analyst
1242 Utility Services Manager
11105 Water/Irrigation Engineer
PERSIX 2003 Work Ordin. PC (3/18/03)
Pay Class
Code Code Class Title A B C D E
973 1324 Assistant City Attorney I MO 7/1/02 4256.98 4471.91 4695.51 4932.97 5177.37
1255 Telecommunications HR 7/1/02 24.56 25.80 27.09 28.46 29.87
Manager MO 1/1/03 4374.85 4594.98 4823.77 5068.17 5319.50
1234 City Clerk HR 1/1/03 25.24 26.51 27.83 29.24 30.69
11101 Construction Supervisor MO 7/1/03 4397.38 4617.51 4848.04 5094.17 5345.50
1421 Court Services Manager HR 7/1/03 25.37 26.64 27.97 29.39 30.84
11410 Neighborhood Development
Services Operations
Supervisor
1232 Purchasing Manager
13302 Street Maintenance
Supervisor
11201 Supervising Associate
Planner
11251 Supervising Code Inspector
11103 Supervising Traffic Engineer
11106 Surface Water Engineer
15102 Wastewater Treatment Plant
Process Control Supervisor
974 12201 Industrial Maintenance MO 7/1/02 4055.92 4256.98 4471.91 4695.51 4932.97
Supervisor HR 7/1/02 23.40 24.56 25.80 27.09 28.46
13102 Parks Superintendent MO 1/1/03 4166.85 4374.85 4594.98 4823.77 5068.17
10201 Senior Analyst HR 1/1/03 24.04 25.24 26.51 27.83 29.24
11301 Traffic Operations MO 7/1/03 4187.65 4397.38 4617.51 4848.04 5094.17
Supervisor HR 7/1/03 24.16 25.37 26.64 27.97 29.39
15201 Water Treatment Plant
Supervisor
975 10302 Accountant MO 7/1/02 3863.53 4055.92 4256.98 4471.91 4695.51
11502 Aquatics Program Supervisor HR 7/1/02 22.29 23.40 24.56 25.80 27.09
10102 Chief Examiner MO 1/1/03 3969.26 4166.85 4374.85 4594.98 4823.77
15104 Environmental Analyst HR 1/1/03 22.90 24.04 25.24 26.51 27.83
15301 Lab Coordinator MO 7/1/03 3988.32 4187.65 4397.38 4617.51 4848.04
10301 Payroll Officer HR 7/1/03 23.01 24.16 25.37 26.64 27.97
1431 Probation Services Manager
17101 Public Safety
Communications Supervisor
13201 Sewer Maintenance
Supervisor
13301 Street Supervisor
13701 Traffic Sign Supervisor
14201 Transit Operations
Supervisor
13501 Water Distribution
Supervisor
976 13401 Irrigation Supervisor MO 7/1/02 3674.60 3863.53 4055.92 4256.98 4471.91
15103 Wastewater Treatment Plant HR 7/1/02 21.20 22.29 23.40 24.56 25.80
Chief Operator MO 1/1/03 3775.13 3969.26 4166.85 4374.85 4594.98
HR 1/1/03 21.78 22.90 24.04 25.24 26.51
MO 7/1/03 3794.19 3988.32 4187.65 4397.38 4617.51
HR 7/1/03 21.89 23.01 24.16 25.37 26.64
PERSIX 2003 Work Ordin. PC (3/18/03)
Pay Class
Code Code Class Title
977 12101 Equipment Maintenance
Supervisor
978 13601 Building Superintendent
13103 Cemetery Supervisor
11602 Code Inspection Office
Supervisor
11720 Corrections Sergeant
11710 Police Services Supervisor
1432 Probation Officer eI
11401 Senior Program Supervisor
14301 Utility Service Supervisor
979 1311 Executive Secretary
1331 Administrative Assistant to
the City Manager
12102 Mechanic II
14101 Refuse Supervisor
980 16101 Administrative Assistant
to the Fire Chief
11701 Administrative Assistant to
the Police Chief
1434 Case Specialist
1423 Certified Court Interpreter
11601 Community and Economic
Development Office
Administrator
1430 Deputy Court Services
Manager
10601 Engineering Contracts
Specialist
10506 Executive Assistant
10510 Legal Assistant III
11501 Recreation Program
Supervisor
981 10305 Financial Services
Technician -- Payroll
10103 Human Resources Specialist
10502 Deputy City Clerk
982 10602 Engineering Office
Assistant
1057n TTtility and Finance
Assistant
PERSIX 2003 Work Ordin. PC (3/18/03)
MO 7/1/02
HR 7/1/02
1v10 1/1/03
HR 1/1/03
MO 7/1/03
HR 7/1/03
MO
HR
MD
HR
MO
HR
MO
HR
MJ
HR
MO
HR
MO
HR
MO
HR
MO
HR
MO
HR
MO
HR
MO
HR
A B C D E
3504.73 3674.60 3863.53
20.22 21.20 22.29
3601.80 3775.13 3969.26
20.78 21.78 22.90
3619.13 3794.19 3988.32
20.88 21.89 23.01
4055.92 42.56.98
23.40 24.56
4166.85 4374.85
24.04 25.24
4187.65 4397.38
24.16 25.37
7/1/02 3334.87 3504.73 3674.60 3863.53
7/1/02 19.24 20.22 21.20 22.29
1/1/03 3426.73 3601.80 3775.13 3969.26
1/1/03 19.77 20.78 21.78 22.90
7/1/03 3444.07 3619.13 3794.19 3988.32
7/1/03 19.87 20.88 21.89 23.01
7/1/02 3178.87 3334.87 3504.73 3674.60
7/1/02 18.34 19.24 20.22 21.20
1/1/03 3265.54 3426.73 3601.80 3775.13
1/1/03 18.84 19.77 20.78 21.78
7/1/03 3281.14 3444.07 3619.13 3794.19
7/1/03 18.93 19.87 20.88 21.89
7/1/02 3028.08 3178.87 3334.87 3504.73
7/1/02 17.47 18.34 19.24 20.22
1/1/03 3111.27 3265.54 3426.73 3601.80
1/1/03 17.95 18.84 19.77 20.78
7/1/03 3126.87 3281.14 3444.07 3619.13
7/1/03 18.04 18.93 19.87 20.88
7/1/02
7/1/02
1/1/03
1/1/03
7/1/03
7/1/03
MO 7/1/02
HR 7/1/02
1112
HR
HR 1/1/03
MO 7/1/03
HR 7/1/03
2822.48
16.63
2962.21
17.09
2977.81
17.18
2747.28
15.85
LOGJ.JJ
16.29
2837.41
16.37
4055.92
23.40
4166.85
24.04
4187.6.5
24.16
3863.53
22.29
3969.26
22.90
3988.32
23.01
3674.60
21.20
3775.13
.41./0
3794.19
21.89
3028.08 3178.87 3334.87 3504.73
17.47 18.34 19.24 20.22
3111.27 3265.54 3426.73 3601.80
17.95 18.84 19.77 20.78
3126.87 3281.14 3444.07 3619.13
18.04 18.93 19.87 20.88
2882.48 3028.08 3178.87 3334.87
16.63 17.47 18.34 19.24_
2962.21 3111.27 3265.54 34'26.73
17.09 17.95 18.84 19.77
2977.81 3126.87 3281.14 3444.07
17.18 18.04 18.93 19.87
COLLECTIVE BARGAINING AGREEMENT
COVERING PUBLIC SAFETY DISPATCHERS
AND
LEAD DISPATCHERS
By and Between
THE CITY OF YAKIMA, WASHINGTON
and
LOCAL 469,
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS,
AFL-CIO
EFFECTIVE:
January 1, 2001, through December 31, 2003
Amended March 18, 2003
TABLE OF CONTENTS
ARTICLE 1 - UNION RECOGNITION AND BARGAINING UNIT 1
ARTICLE 2 - UNION SECURITY 2
ARTICLE 3 - PAYROLL DEDUCTIONS 2
ARTICLE 4 - MANAGEMENT RIGHTS 3
ARTICLE 5 - EMPLOYEE RIGHTS 4
ARTICLE 6 - PRODUCTIVITY 4
ARTICLE 7 - EQUAL OPPORTUNITY CLAUSE 4
ARTICLE 8 - GRIEVANCE PROCEDURE 5
ARTICLE 9 - RELEASE FROM DUTY 8
ARTICLE 10 - COLLECTIVE BARGAINING COMMITTEES 8
ARTICLE 11 - COLLECTIVE BARGAINING PROCEDURE 9
ARTICLE 12 - PROMOTIONAL STANDARDS 10
ARTICLE 13 - REFRESHMENT FUNDS 10
ARTICLE 14 - WAGES 11
ARTICLE 15 - HEALTH CARE INSURANCE 11
ARTICLE 16 - LIFE INSURANCE 13
ARTICLE 17 - LONGEVITY PAY 13
ARTICLE 18 - SPECIAL PAYS 14
ARTICLE 19 - VACATION LEAVE 16
ARTICLE 20 - HOLIDAYS 17
ARTICLE 21 - SICK LEAVE ACCRUAL/EXCHANGE 18
ARTICLE 22 - SICK LEAVE POOL 20
ARTICLE 23 - BIRTHING LEAVE/MATERNITY LEAVE 22
ARTICLE 24 - LIGHT DUTY 22
ARTICLE 25 - COMPENSATORY TIME OFF 24
ARTICLE 26 - PUBLIC SAFETY DISPATCH OPERATIONS 25
ARTICLE 27 - HOURS OF WORK AND OVERTIME 27
ARTICLE 28 - TOBACCO USE ON DUTY 28
ARTICLE 29 - PHYSICAL FITNESS 28
ARTICLE 30 - DEFERRED COMPENSATION 29
ARTICLE 31 - DISCIPLINE AND DISCIPLINARY PROCEDURES 29
ARTICLE 32 - PROPERTY LIABILITY 29
ARTICLE 33 - MUNICIPAL CODE SECTIONS PERTAINING BARGAINING
UNIT MEMBERS 30
ARTICLE 34- ENTIRE AGREEMENT 31
ARTICLE 35 - SAVINGS CLAUSE 32
ARTICLE 36 - CREATION OF NEW CLASSIFICATIONS 32
ARTICLE 37 - CLASSIFICATION STUDIES 32
ARTICLE 38 - VEBA MEDICAL SAVINGS ACCOUNT 33
ARTICLE 39 - TERM OF AGREEMENT 33
COLLECTIVE BARGAINING AGREEMENT
COVERING PUBLIC SAFETY DISPATCHERS AND LEAD
DISPATCHERS
By and Between
THE CITY OF YAKIMA, WASHINGTON
and
LOCAL 469,
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS,
AFL-CIO
This Agreement, made and entered into this first day of January 2001, by and
between the City of Yakima, Washington, hereinafter called the City, and
local 469, International Association of Firefighters, AFL-CIO, hereinafter
called the Union.
GENERAL PROVISIONS
ARTICLE 1 - UNION RECOGNITION AND
BARGAINING
1_1 The City hereby recognizes the Union as the exclusive bargaining
representative for Public Safety Dispatchers and Lead Public Safety
Dispatchers. Excluded from the bargaining unit are the Chief of Police, Fire
Chief, Public Safety Communications Division Manager, Public Safety
Communications Supervisor and all other employees of the Police and Fire
Departments.
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ARTICLE 2 - UNION SECURITY
2_1 Each employee in this bargaining unit may become or remain a
member of the Union. Employees not desirous of membership in the Union
shall be subject to a representation service fee equal to the base mandatory
dues and assessments which shall be a condition of continued employment.
Said membership or fee payment shall become mandatory upon successful
completion of a one (1) year period of service and in accordance with
provisions of the Public Employee Collective Bargaining Act, RCW, 41.56.
Nothing herein shall preclude membership in the Union of any employee
who so requests prior to completion of one (1) year of service.
ARTICLE 3 - PAYROLL DEDUCTIONS
3_1 The City agrees to deduct uniformly required Union membership fees,
dues and other assessments by the Union from the pay of those members
who authorize the City to do so. Such authorization shall be in writing and
signed by each person authorizing such deductions and filed with the City.
The Secretary of the Union shall notify the Finance Director of the City of
Yakima of amounts to be deducted from the pay of each such person. The
City shall transmit such amounts to the official and location designated by the
bargaining unit representatives together with an itemized statement, on or
before the 20th day of each month, following the month for which deductions
are made. The Union agrees to hold harmless and indemnify the City against
any claims, causes of action, or lawsuits arising from such deductions and/or
the transmittal of such deductions to the Union.
3_2 In the event the City receives a written notice, signed by any person
from whose pay such deductions are being made, that no further deductions
are to be made, the City shall make no such deductions from any pay earned
by that person after receipt by the City of such notice. The City shall notify the
Union of all such notices received by the City, which notification to the
Union shall be given in writing within seven (7) calendar days after the
receipt by the City of such notice and shall include the name of the person
involved.
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ARTICLE 4 - MANAGEMENT RIGHTS
4J The Union recognizes the prerogative of the City to operate and
manage its affairs in all respects in accordance with its responsibilities, lawful
powers and legal authority. City affairs which are not included within
negotiable matters pertaining to wages, hours and working conditions are
inclusive of the following, but not limited thereto:
(a) The right to establish and institute work rules and procedures upon
reasonable notice to bargaining unit members. All personnel rules and
policies developed by the Employer which are intended to be applicable to
Union members shall be in written form and posted in the division manual.
(b) The right to determine reasonable schedules of work, overtime and all
methods and processes by which said work is to be performed in a manner
most advantageous to the Employer. Changes to work schedules which are
intended to be applicable to Union members shall be in written form and
posted in the division manual.
(c) The right to lay off employees for lack of work or funds or because of
the occurrence of conditions beyond the control of the City or where the
continuation of work would be wasteful and unproductive in the opinion of
City officials.
(d) The right to discipline or discharge employees for just cause; provided
that the City's right to discipline or discharge initial hires during their
probationary period shall not be limited by this section. The parties agree to
study policies for administering this section.
(e) The right to assign incidental duties reasonably connected with but not
necessarily enumerated in job descriptions, shall nevertheless be performed
by employees when requested to do so by the Employer.
(f) The right to take whatever actions the Employer deems necessary to
carry out services in an emergency.
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ARTICLE 5 - EMPLOYEE RIGHTS
5_1 Except as otherwise provided in this labor contract, the provisions of this
labor agreement, where applicable, shall not be construed as a waiver of the
Union's right to request and require bargaining in accordance with the
provisions of Chapter 41.56, RCW.
5_2 Employees shall be permitted to wear either one (1) union tie tack or one
(1) union pin on department uniforms. The tie tack or pin shall not exceed
5/8 inch in diameter.
ARTICLE 6 - PRODUCTIVITY
6_1 The parties mutually recognize the desirability of improving
productivity in order to provide maximum services at reduced costs. The
Union agrees to actively cooperate and participate in studies and agrees to
discuss the implementation of programs to promote efficiency, productivity
and to reduce departmental costs. The goal of the parties is to jointly work to
reduce overtime.
6_2 A joint committee shall be formed to promote labor peace, harmony and
productivity. The committee shall be composed of two representatives
designated by the Union, two by the City Council and two designated by
management, and shall meet from time to time as either party may
reasonably request.
6_3 The City understands the Union's concern regarding the shortage of
manpower and will discuss the impacts of any potential shortages in
personnel and will pursue, with Union input, adequate resources to apply to
needed services in the event of future annexations and/or mergers.
ARTICLE 7 - EQUAL OPPORTUNITY CLAUSE
7_1 It is the policy of the City of Yakima and the Union not to discriminate
against any employees or applicants for employment because of race; color;
religion; age; sex; physical, mental, or emotional handicap; national origin;
political affiliation; Union involvement; or any other type of protected
activity. It is not the intent of management to lower employment standards
or hire individuals incapable of performing the required tasks of the job
classification. Nothing in this section shall prohibit the City from
establishing bona fide occupational qualifications.
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ARTICLE 8 - GRIEVANCE PROCEDURE
8.1 Policy. The parties recognize that the most effective accomplishment
of the work of the City requires prompt consideration and equitable
adjustments of employees' grievances. It is the desire of the parties to adjust
grievances informally whenever possible, and both management and
employees are expected to make every effort to resolve problems as they arise.
However, it is recognized that there may be a grievance which can be resolved
only after a formal review. Accordingly, the following procedure is hereby
established in order that grievances of employees covered by this agreement
may be resolved as fairly and expeditiously as possible.
8_2 Definition. A grievance is a dispute involving the interpretation,
application, or alleged violation of any provision of this collective bargaining
agreement.
(a) A working day shall be any day except Saturday, Sunday and any city
administration staff holiday.
8_3 Process.
(a) To be reviewable under this procedure a grievance must:
Be commenced within sixty days (60) working days after the grieving
party has been made reasonably aware of the circumstances giving rise to the
grievance.
(b) Step 1 - Discussion With Public Safety Communications Supervisor -
As soon as possible, but in no case later than the time period specified above,
an employee shall first discuss his grievance with the PSCS. Said PSCS shall
make an investigation of the relevant facts and circumstances of the
complaint and provide a written decision within seven (7) working days.
(c) Step 2- Grievance timely filed in writing with Division Manager - If
the employee and the PSCS cannot reach agreement regarding a remedy the
employee may, provided the employee timely files the grievance at this step
within twenty (20) working days of receipt of the PSCS written decision,
submit the written grievance to the Division Manager. The Division
Manager shall conduct an investigation and provide a written decision
within twenty (20) working days of receipt of the grievance.
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(d) Step 3 - Grievance Appealed To Chiefs - If the employee and Division
Manager cannot reach agreement regarding a remedy, the employee may,
within twenty (20) working days of receipt of the written decision, submit the
grievance to the Chiefs of the Department. The Chiefs shall make a separate
investigation of the issue(s) and jointly notify the employee in writing of
their decision, and the reasons therefore, within twenty (20) working days.
(e) Step 4 - Grievance Appealed To City Manager - If the grieving party is
dissatisfied with the decision of the Chiefs of the Department, the employee
may within twenty (20) working days request a review by the City Manager.
The City Manager shall forward a written decision to the employee within
twenty (20) working days from receipt of the grievance.
(f) Step 5 - Grievance Appealed To Arbitration - Except as provided in 8.4
(d) of this Article, a grievance which is not resolved as set forth may be
appealed to arbitration. Either party may invoke arbitration upon submission
of a written request for same which identifies the previously filed grievance
and sets forth the issue(s) which the moving party seeks to have arbitrated.
A joint request of the Union and the City Manager shall then be forwarded to
the Public Employment Relations Commission (PERC) within twenty (20)
working days for assignment of an arbitrator from its staff. Subsequent
hearing(s) will be governed by the rules and procedures of PERC. The
arbitrator shall render a decision as promptly as possible. The arbitrator shall
confine himself /herself to the issues submitted for arbitration and shall have
no authority to determine any other issues not so submitted to him/her. The
arbitrator shall have jurisdiction and authority only to interpret, apply or
determine compliance with the specific terms of the Agreement and shall not
have jurisdiction to add to, detract from or alter in any way the provisions of
this Agreement. The decision within the jurisdiction of the arbitrator shall be
final and binding upon both parties. Expenses and fees incumbent to the
services of the arbitrator shall be borne equally by the Employer and the
Union.
(g) Any grievance which the City's management may have against the
Union shall be reduced to writing and submitted to the President of the
Union local. If the matter is not satisfactorily settled within fifteen (15)
working days, appeal may be instituted as set forth in 8.3(f), Step 5, above.
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(h) If the subject matter of a grievance could be appealed to the Civil
Service Commission for fire employees of the City of Yakima, the matter may
be submitted for determination to the Civil Service Commission or
arbitration, but not both. After the Union has received the City Manager's
answer at Step 4, it will advise the affected employee whether it is willing to
submit the grievance to arbitration and, if so, the employee shall elect within
10 days after the Step 4 answer the forum in which the matter is to be heard.
Submission of the dispute to arbitration or a hearing by the Civil Service
Commission shall bar submission in the other forum.
8_4 Special Provisions.
(a) A Union representative and/or aggrieved party shall be granted time
off without loss of pay for the purpose of processing a grievance as provided
in 8.3(f), Step 5, above.
(b) A grievance may be entertained in or advanced to any step in the
grievance procedure if the parties so jointly agree.
(c) The time limits within which action must be taken or a decision made
as specified in this procedure may be extended by mutual written consent of
the parties involved. A statement of the duration of such extension of time
must be signed by both parties involved at the step to be extended.
(d) Non -contract disputes only: Wages, hours and working conditions not
specifically covered by the terms and conditions of this Agreement shall be
subject to the grievance procedure up to, but not including, arbitration. If the
City and the grievant are unable to reach agreement at the City Manager level,
where the grievance is not subject to arbitration, a three person board will be
formed. Management will select one member and the Union will select one
member of the Board. The two members will select the third member who
shall act as chairperson. All members of this Board must be citizens or
employees of the City of Yakima. In the event the two members cannot agree
as to the selection of the third member, each member may submit one name
whereby the chairperson shall be selected by lot. Any expenses for the
services of the third party chairperson shall be borne equally by the parties.
The decision of this Board shall be binding on the parties in non -contractual
grievances.
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ARTICLE 9 - RELEASE FROM DUTY
9.1 Union Business Leave. Such officers and members of the Union as
may be designated by the Union normally not to exceed two (2) in number at
any one (1) time, shall be granted up to a total of one hundred twenty (120)
hours of time off for Union business between the two (2) employees,
provided that a maximum of seventy (70) of these up to one hundred twenty
(120) hours off will be paid at the standard rate granted for any leave with pay.
The City shall be obliged to release one (1) employee but may allow additional
employees to be released simultaneously based upon departmental
operational requirements. Business leave includes attending labor
conventions and educational conferences regarding collective bargaining,
provided that notice of such conventions or conferences shall be given at
least one (1) week prior thereto to the Chiefs, and provided further that the
total leave for this bargaining unit for the purpose set forth in this section
shall not exceed one hundred twenty (120) hours in any calendar year.
Furthermore, partial shifts may be utilized by employees for departure or
return provided Division established minimum manning levels are
maintained after the absence of the person(s) to be released on Union
Business Leave. Officers and members of the Union designated by the Union
may use Union business leave from any of the bargaining units that I.A.F.F.
Local 469 represents.
ARTICLE 10 - COLLECTIVE BARGAINING COMMITTEES
10.1 Collective bargaining between the parties shall be carried out by the
City Manager or his designees, on behalf of the City Council, and a committee
representing the Union. No later than August 5 of each year, the Secretary of
the Union and the City Manager shall notify one another regarding the
names of persons constituting their respective bargaining committees. If a
communication is forwarded previous to that date, a response will be made
within ten (10) working days.
10.2 Members of the Union negotiating committee, not exceeding three (3)
in number, shall be granted leave from duty without loss of pay for all
meetings between the City and the Union for the purpose of negotiating the
terms of a contract during the pre -impasse period as provided in RCW 41.56,
as amended, when such meetings take place at a time during which any such
members are scheduled to be on duty. 10.3 Members of the Union
negotiating committee, not to exceed three (3) in number, shall be granted
leave in the post -impasse period without loss of pay, except that when such
leave reduces the manpower level below that established as the minimum
manpower requirement of the Division, such leave shall be without pay.
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ARTICLE 11 - COLLECTIVE BARGAINING PROCEDURE
11.1 General. All negotiable matters pertaining to wages, hours and
working conditions shall be established through the negotiation procedure as
provided by RCW 41.56. No ordinances existing at the time of execution of
this Agreement relating to wage, hours and working conditions for members
of the bargaining unit shall be amended or repealed during the term of this
Agreement without written concurrence of both parties.
11.2 Each year, as appropriate, the Union shall submit to the City Manager
and the City Manager may submit to the Union a written proposal for any
changes in matters pertaining to wages, hours and working conditions
desired by the Union or the City for the subsequent year. These written
proposals shall be submitted in accordance with the requirements of RCW
41.56, as amended by S.B. 2852 (1979). The Union and the City shall follow the
collective bargaining procedure set forth in the said statute. All agreements
reached shall be reduced to writing which shall be signed by the City Manager
and the Union's representatives. In negotiations for a successor collective
bargaining agreement pertaining to bargaining unit members the parties
agree to follow the impasse resolution procedures for uniformed personnel
(RCW, 41.56.430, et seq.)
11.3 In the event that the Employer declines to include the provisions of
section 11.2 above pertaining to impasse resolution procedures for uniformed
personnel (RCW, 41.56.430, et seq.) in a collective bargaining agreement
covering employees who were formerly Fire Dispatchers (Ringer, Ochs,
Moritz, Brandt and Kennard) at the time the Employer decided (9/5/95) to
implement Consolidated Dispatch operations, then the Employer shall
forthwith restore those employees who were employed at the time of the
Employer's decision (9/5/95) to implement Consolidated Dispatch operations
to the Fire Department to dispatch exclusively fire and emergency medical
responses and include them, with all current wages and benefits, in the
firefighters bargaining unit. This proviso is not applicable to any Public Safety
Dispatcher and/or Public Safety Dispatch Supervisor who was a new hire as a
Public Safety Dispatcher or who filled a vacancy created by the departure of a
Fire Dispatcher and/or Alarm Supervisor who was appointed on or after
9/5/95. The classifications of Fire Dispatcher and Alarm Supervisor shall
remain unfilled and unfunded in Fire Civil Service and shall be inclusive in
the Firefighters Bargaining Unit.
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ARTICLE 12 - PROMOTIONAL STANDARDS
12.1 Promotions shall be determined in accordance with the rules and
regulations governing the Yakima Fire Civil Service Commission.
12.2 Vacancies in Public Safety Dispatcher positions will be filled in
accordance with Yakima Fire Civil Service Commission rules and
regulations. New Public Safety Dispatchers will be required to pass; or in the
case of promotion from 9-1-1 Call -taker, to have passed a polygraph, a
background check, a psychological evaluation, physical examination, in
addition to any and all other prerequisites to qualifying and being eligible for
a Public Safety Dispatcher position.
12.3 Former City of Yakima Fire Dispatchers and Police Dispatchers who are
appointed to the new classification of Public Safety Dispatcher will be required
to pass a background evaluation but will not be required to undergo a
psychological evaluation, polygraph or physical examination based on their
current employment status.
12.4 Employees who were formerly City of Yakima Fire Dispatchers or
Police Dispatchers and who were appointed to the new classification of Public
Safety Dispatcher and who are promoted, will have the same exclusion
applied to that promotion as set forth in Section 12.3.
ARTICLE 13 - REFRESHMENT FUNDS
13.1 The Union may authorize bargaining unit members to furnish in-
house refreshments; provided that any proceeds from such activities shall be
used in-house for the benefit of bargaining unit members or, upon approval
by the Union, donated to charitable organizations. The Union shall be
responsible for insuring that the refreshment funds are administered
consistent with applicable law.
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ARTICLE 14 - WAGES
14.1 Effective 1-1-01 the base salary for bargaining unit members shall
remain unchanged from the previous year.
14.2 Effective 1-1-02 the base salary for bargaining unit members shall be
increased by three percent (3%).
14.3 Effective 7-1-02 the base salary for bargaining unit members shall be
increased by one percent (1%).
14.5 Effective 1-1-03 the base salary for bargaining unit members shall be
increased by two and one-half percent (2-1 /2%) percent.
14.6 Effective 7-1-03 the base salary for bargaining unit members shall be
increased by one percent (1%).
ARTICLE 15 - HEALTH CARE INSURANCE
15.1 Medical, Vision and Dental Care Coverage -
(a) Effective April 1, 1994 covered bargaining unit employees, retirees and
their dependents shall participate in the "City of Yakima Employees' Health
& Welfare Benefit Plans". Eligibility rules, types and of levels of benefits,
payment of premiums through a cafeteria plan, co -payment, coinsurance and
deductibility requirements and all other terms and conditions for the
provision of these health benefits shall be governed by the "City of Yakima
Employees' Welfare Benefit Program".
15.2 Health and Dental Care Premium Contributions -
(a) January 1, 2001 - December 31, 2001
(i) Employee Health Care Premium Contribution: Bargaining unit
member employee only health care coverage shall be paid for by the City and
shall be at no cost to the employee. Bargaining unit members will be given
the option to pay the difference in premium between the designated 100%
coverage for LEOFF I and the City's "Plan", except that the deductible shall be
as stated in the "Plan".
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(ii) Dependent Health Care Premium Contributions: The City and the
employee shall share dependent medical program premiums on a 50% by the
employer and 50% by the employee basis, with the maximum employee
contribution not to exceed the rate which was in effect on December 31, 2000
($126.48 mo).
(iii) Dental Care Premium Contributions: The City shall pay the
premium for bargaining unit member employee and dependent dental care
coverage.
(b)
January 1, 2002 through December 31, 2003
(i) Employee Health Care Premium Contribution: Bargaining unit
member employee only health care coverage shall be paid for by the City and
shall be at no cost to the employee. Bargaining unit members will be given
the option to pay the difference in premium between the designated 100%
coverage for LEOFF I and the City's "Plan", except that the deductible shall be
as stated in the "Plan".
(ii) Dependent Health Care Premium Contributions: The City and the
employee shall share dependent medical program premiums on a 50% by the
employer and 50% by the employee basis, with a maximum employee
contribution of $140 per month.
(iii) Dental Care Premium Contributions: The City shall pay the
premium for bargaining unit member employee and dependent dental care
coverage.
(c) Employee contributions under this Article will be accomplished
through normal payroll deductions.
15.3 Retiree Coverage - The City of Yakima Employees' Health and Welfare
Benefit Plan shall provide retirees and dependents of retirees the right to
remain in the group plan as follows:
(a) Retirees covered at the time of execution of this agreement and future
retirees may elect to remain in the group medical plan until they reach age 65,
but they must pay the required premium for such group medical plan.
(b) Spouses of retirees may remain in the group medical plan until they
reach age 65 or in the case of spouses of deceased retirees, until they reach age
65 or remarry, whichever occurs first.
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(c) Other dependents of retirees may remain in the group health care plan
as long as they remain eligible under the provisions of the plan or when
coverage for the retiree and spouse, or, the spouse of deceased retiree
terminates, at which time such dependent insurance coverage would cease
regardless of the age of the dependents.
(d) Retirees, or spouses of deceased retirees, shall pay the premium and
other shared dependent coverage costs (including dependents if enrolled)
which shall be based on the same formula as active employees and
dependents within the bargaining unit. Premiums shall be paid by deduction
from retirement checks paid to retired employees or their beneficiary.
ARTICLE 16 - LIFE INSURANCE
16.1 The City will provide, without cost to the employee, $20,000 in face
amount of life insurance.
ARTICLE 17 - LONGEVITY PAY
17.1 The City will pay longevity pay upon satisfactory completion of the
following service and at the designated rate:
Service In Years Percent Of Base Pay
4 1.5
9 3
14 4.5
19 6
24 8
29 10
Service in years shall be defined as in Article 19, Vacation Leave, of this
Agreement.
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ARTICLE 18 - SPECIAL PAYS
18.1 Acting Pay. The City will pay acting assignment pay of at least 5%
above the normal base pay or the pay rate of the D -Step of the next higher pay
grade, whichever is greater, for an individual for such period of continuous
service, provided the individual serves a minimum of one-half (1/2) shift as
Lead Public Safety Dispatcher, Public Safety Communications Supervisor or
higher classification, having been so assigned by the Administration and
provided further that the individual exercises the responsibility, including
operation and administrative duties as they apply.
18.2 Eligibility for Acting Assignments. In order for an employee to be
eligible for assignment to an acting position, that employee must be eligible
for promotion to the position in accordance with the promotional standards
as set forth in the Fire Civil Service rules and regulations.
18.3 Acting Assignments. Acting assignments shall be made under the
following provisions.
(a) Long-term assignments shall be made in cases where the higher
classification is to be absent for more than forty (40) consecutive hours.
Assignments shall be made the first day of the vacancy and shall continue
uninterrupted until the last day of the vacancy.
(b) Short-term assignments shall be made in cases where the higher
classification is absent for less than forty (40) consecutive hours. Short-term
assignments shall be made the second full shift of the vacancy and shall be
subject to the following provisions.
(i) Acting Lead Dispatcher assignment not required when
Communications Supervisor is present. Communications Supervisor shall
assume the supervisory duties of Lead Dispatcher.
(ii) Acting Communications Supervisor assignment not required
when Communications Manager is present. Communications Manager shall
assume the duties of Communication Supervisor.
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(c) General Provisions
(i) Generally the acting Lead Dispatcher assignments shall be
offered first to the most senior Dispatcher on the shift of the Lead that caused
the vacancy. Acting Communications Supervisor short-term assignments
shall be offered first to the Lead Dispatcher on duty. Acting Communications
Supervisor long-term assignments shall be offered first to the Lead Dispatcher
with the most seniority.
(ii) In assigning actors, the availability of the employee over the
duration of the assignment shall also be a criterion.
(iii) "Full Shift" shall generally refer to the shifts most commonly
worked. In the case of the Lead Dispatchers, twelve (12) hours except on the
"short days" when the shift shall be eight (8) hours. In the case of the
Communications Supervisor a full shift shall most commonly be eight (8)
hours.
18.4 Call Back.
(a) An employee who is called back to duty after his scheduled shift has
terminated, but before the scheduled start of his next shift, shall receive
premium pay for all hours worked, but not less than two (2) hours of
premium pay.
(b) The call back bonus will not be available for a "hold over" defined as
an extension of a regular or reassigned shift due to manning requirements or
an emergency circumstance. However, premium pay shall be paid for work
performed.
18.5 Mileage. The City shall pay each employee for his use, at the request of
the City, of his personal auto, not less than the IRS rate per mile actually
driven, or the actual cost of applicable public transportation. In the event that
the City increases mileage allowance paid by the City for the use of personal
autos on City business for any other City department or employee, such
increased allowance shall become the new rate thereunder.
18.6 Uniform Maintenance. Bargaining unit members shall be paid sixty
dollars ($60.00) annually, payable in February. The City shall have the right to
contract for uniform maintenance services as it deems appropriate after
which time no further uniform maintenance allowances shall be payable.
18.7 Training Officer. The Union and the City shall study the issue of a
training officer as to function, hours, and pay.
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ARTICLE 19 - VACATION LEAVE
19.1 Each bargaining unit member shall earn vacation leave for years of
service at the following rates:
(a) Employees with one (1) full year of service shall earn eighty (80) hours,
forty (40) hours of which may be taken after six (6) months service;
(b) Employees with two (2) full years of service shall earn ninety-six (96)
hours;
(c) Employees with five (5) full years of service shall earn one hundred
twenty (120) hours;
(d) Employees with ten (10) full years of service shall earn one hundred
fifty-two (152) hours;
(e) Employees with fifteen (15) full years of service shall earn one hundred
seventy-six (176) hours;
(f) Employees with more than twenty (20) full years of service shall earn
one hundred ninety-two (192) hours provided they become employed by the
City of Yakima prior to January 1, 1981.
19.2 Bargaining unit members may accumulate vacation leave time in an
amount equal to the vacation time the employee earns during two (2) years of
service, according to the accrual rate(s) specified above.
19.3 Service in years for bargaining unit members is defined as the most
recent period of employment unbroken by voluntary termination, voluntary
retirement, voluntary leaves of absence in excess of thirty (30) days or
termination for cause. Such service shall not be considered broken by period
of disability retirement, or leave without pay in excess of thirty (30) days for
medical reasons, if approved by the Fire Civil Service Commission during
which times no service credit shall accrue. Layoff shall not be considered a
break in service providing that failure to accept the first offer of re-
employment for any reason shall constitute a break in service. (No service
credit shall accrue during periods of layoff.)
19.4 For bargaining unit members any vacation accumulated over the stated
limit shall be paid at 100% of base wage as of December 31 of each year;
provided, however, at least 75% of the annual accrual rate for vacation must
have been used during the year in order to qualify for the payment; provided,
however, if the Employer cancels an employee's scheduled vacation and this
canceling results in vacation accumulation over the stated limits as of
December 31 of any particular year then the Employer will pay for said
vacation at the normal hourly rate. Payment for any vacation accumulated
over the stated limits is subject to the Employer's inability to reschedule the
vacation time off. Neither party shall unreasonably withhold approval of
rescheduling of vacation previously canceled.
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ARTICLE 20 - HOLIDAYS
20.1 Holidays With Pay.
(a) Day Off. If an employee performs no work on a holiday, within ninety
(90) days that employee shall have time off equal to the number of hours
scheduled most frequently in his regularly scheduled shifts.
(b) Day On. If an employee performs work on a holiday, that employee
shall receive his/her regular pay plus time and one-half (1.5) pay for all hours
worked. The employee shall have the option of receiving comp -time as
specified in Article 25 - Compensatory Time Off.
20.2 No employee shall be paid for a holiday unless such employee is in a
pay status both the workday before and the workday after such holiday.
Exception to the above shall be made for an employee who works a holiday as
directed by the City.
20.3 An employee who performs work during a period when the employee
is on a scheduled time off shall receive time and one-half (1.5) for all hours
worked and shall receive time off as specified in 20.1(a).
20.4 Bargaining unit members shall observe holidays as follows:
New Year's Day
Martin Luther King Jr. Day
Washington's Birthday
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
The Day After Thanksgiving
Christmas Day
One (1) Personal Holiday
January 1st
3rd Monday in Jan.
3rd Monday In Feb.
Last Monday In May
July 4th
1st Monday In Sept.
November 11th
4th Thursday In Nov.
December 25th
Equal to one (1) full shift
The provisions of City of Yakima Municipal Code 2.40.080(c) and (d) shall not
apply to this provision.
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ARTICLE 21 - SICK LEAVE ACCRUAL / EXCHANGE
21.1 For the purposes of this Article only, a day shall be construed as eight
(8) hours.
21.2 Sick Leave Exchange or Cashout. Bargaining unit members may
exchange accrued sick leave for pay or for additional leave time as
appropriate, in accordance with the options provided the employee, subject to
the following provisions:
(a) No cashout of accrued sick leave will be granted for those employees
with three hundred sixty (360) hours or less of accrued sick leave except in the
event of death in the line of duty.
(b) Cashout of accrued sick leave will be granted to employees who have
accrued in excess of three hundred sixty (360) hours subject to the following
provisions:
(i) Upon retirement or death, the employee's accrued sick leave up
to a maximum of seven hundred twenty (720) hours will be cashed out at the
rate of one hundred percent (100%) of the employee's current base pay.
(ii) Upon termination under honorable conditions, as distinguished
from death or retirement, the employee's accrued sick leave up to a
maximum of seven hundred twenty (720) hours will be cashed out at the rate
of fifty percent (50%) of the employee's current base pay.
(iii) In the event of death in the line of duty, all sick leave will be
exchanged for pay at the rate of 100% of the employee's current base pay.
(iv) In no case shall the cash out payment exceed Twelve Thousand
Five Hundred Dollars ($12,500.00). Effective 1-1-02 this limit shall be increased
to Fifteen Thousand Dollars ($15,000.00); provided, however, this cash out
limit shall not apply with regard to a Death in the Line of Duty.
(c) Sick Leave Exchange. Employees who have accrued more than seven
hundred twenty (720) hours may exchange such sick leave for bonus (addi-
tional) leave at the rate of thirty-two (32) hours of sick leave for each eight (8)
hours of vacation, not to exceed a total of forty (40) hours added leave time
annually, utilization of which would be subject to the scheduling and
approval by the department head. Effective 1-1-02 such exchange shall be at
the rate of twenty-four (24) hours of sick leave for each eight (8) hours of
vacation.
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(d) Sick Leave Exchange Procedure. Any regular employee may exchange
accrued sick leave as provided in subsection (c) above at the option of the
employee, subject to the following conditions and provisions:
(i) A request for such an exchange shall be made to the Director of
Finance and Budget. All requests shall be in writing and shall be signed by
the employee making the request.
(ii) Requests will be accepted only during the first five (5) working
days of each month with exchanged leave to be available within fifteen (15)
calendar days of the date the request is received by the office of the Director
Finance and Budget. Exceptions to the above will be made for termination,
layoff or disability retirement.
(iii) No request will be granted for less than eight (8) hours pay or a
minimum of three (3) days' leave.
(iv) No exchange will be granted to an employee who has been
terminated for cause, as defined by Civil Service.
(v) In the event of layoff, exchange requests are the responsibility of
the employee.
(e) In December of each year, any accruals beyond the 1040 hour limitation
will be automatically exchanged based upon the formula of eight (8) hours
pay for each thirty-two (32) hours accrued or a percentage thereof for smaller
accruals. Such pay will appear on the employee's final paycheck for the year.
21.3 The Employer will allow an employee to use the employee's accrued
sick leave to care for a child of the employee under the age of eighteen (18)
with a health condition that requires treatment or supervision.
21.4 Employees who become ill or injured while on approved earned leave
(vacation, holiday, or comp time) may utilize sick leave for the period of
illness or injury; provided the employee immediately upon becoming
incapacitated notifies the division supervisor and presents to management
upon returning to work, a certificate from a health care provider, stating the
nature and duration of the incapacity.
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ARTICLE 22 - SICK LEAVE POOL
22.1 The City Manager or his/her designee, in his/her discretion, may grant,
with the agreement of the Local 469 Executive Board, to a regular full-time
employee who is a member of Local 469 or, with the unanimous agreement
of the Union Executive Board to a City employee, shared leave from the leave
pool provided the following conditions are met:
(a) The employee suffers from a catastrophic non -duty related illness or
injury.
(b) The employee has depleted or will shortly deplete his/her total
available paid leave. Paid leave is defined as vacation leave, sick leave,
accrued compensatory time, holiday time, and personal holiday. Shared
leave shall mean paid leave transferred to an employee pursuant to this
section.
(c) Where applicable, the employee has diligently pursued and is found to
be ineligible for Washington State Industrial Insurance benefits.
(d) The employee is not eligible for other disability benefits that meet or
exceed the limits set forth in this program pursuant to local law, state law,
federal law, insurance, and/or any agreement.
(e) In requesting, the employee must have been a donating shared leave
pool member.
22.2 An employee may donate his/her accrued paid leave hours by
submitting a time card specifying the type and amount of hours to be donated
to the IAFF Local 469 extended sick/leave pool; provided, that the donated
hours do not cause the donor employee's sick leave balance to be less than
two hundred eighty-eight (288) hours, unless otherwise approved by the Local
469 Executive Board. The minimum number of hours to be donated at any
one time is eight (8) hours. Such time cards must be received by the
timekeeper no later than the fifth (5th) day of each month.
22.3 Paid leave shall be transferred on a dollar -value basis. The value of
shared leave shall be the dollar value of the paid leave at the time it is
recorded as available for use as shared leave. Once shared leave has been
transferred to an employee, it shall be transformed into sick leave and so
credited to the employee's sick leave accrual. The dollar value of the pool
will be increased by the City by the same percentage or dollar -per -hour figure
as any wage increase effective for Local 469 members.
22.4 All requests/applications for shared leave shall be in writing on a form
provided by Local 469 and directed to the Local 469 Executive Board. Said
written application shall contain the following information:
(a) The number of hours sought from the leave pool, in one-hour
increments.
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(b) A physician's statement indicating the nature of the illness or injury,
the prognosis for recovery, and the expected duration of the absence. All such
information shall be kept confidential.
(c) An agreement to return to said leave pool any unused hours received
from said leave pool upon return to work or termination of his/her
employment for any reason.
All requests processed by the Payroll Office by the fifteenth (15th) of a month
shall be effective for that month.
22.5 The Local 469 Executive Board shall recommend whether to approve a
request for leave from the leave pool, according to the following factors:
(a) The nature of the illness or injury of the requesting employee.
(b) Any history of excessive or abusive use of sick leave by the requesting
employee.
(c) The amount of shared leave available in the leave pool.
22.6 The Union Executive Board shall make every reasonable effort to
determine that an employee is granted shared leave only for catastrophic
non -duty related illness or injury and the limitations set forth in this policy.
Use of shared leave contrary to this Agreement shall result in cancellation of
shared leave, the balance of which will be returned/transferred to the leave
pool. The Local 469 Executive Board shall so notify the involved employee
and the Director of Finance and Budget.
22.7 Hours awarded from the leave pool shall be on a first-come first-served
basis of qualified employees. The maximum withdrawal from the pool shall
be limited to the amount required to maintain the requester's employee
status for six months from the date of approval, per approval request.
22.8 The Local 469 Executive Board shall send written notification for the
award of sick leave hours from the leave pool to the City of Yakima Human
Resources Department, with a copy to the Payroll Officer. The Union
Executive Board and the City shall notify each requesting employee of the
final decision on award of hours from the leave pool.
22.9 The Personnel Officer shall be responsible for monitoring shared leave
and shall also be responsible for initiating the proper paperwork to the Payroll
Office to adjust the accrued leave balances to the recipient from the leave
pool. Records of all transactions from the leave pool to the recipient will be
maintained by the Payroll Office with a copy of each transaction also
maintained in the Human Resources Office. Recipients shall also have a
record of his/her hours received from the leave pool placed in their City and
Department personnel file.
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ARTICLE 23 - BIRTHING LEAVE / MATERNITY LEAVE
23.1 Male bargaining unit members shall be authorized to use sick leave on
the day his wife gives birth. The employee shall be released by his supervisor
upon the arrival of a replacement if such is needed to maintain Division
daily staffing requirements. If the employee's sick leave has been exhausted,
vacation, holiday or compensatory time, or other accrued time off may be
used in lieu of sick leave.
23.2 The Union and the City agree to jointly develop appropriate language
to add to this article to cover the impacts of mandates by State and Federal
statutes.
ARTICLE 24 - LIGHT DUTY
24.1 Off-duty extended injury, illness, or pregnancy
Bargaining unit members who are off-duty due to an extended injury, illness,
or pregnancy and cannot perform their regular duties may request in writing
to the Chief(s) of the Department(s) an assignment to light duty. This request
may be made at the end of (7) days after the point of the injury, illness, or
notification of pregnancy. Any light duty assignment will be contingent on
the Department's needs and the employee's ability to perform assigned duties
within the scope that would be allowed based on a physician's
recommendation. All light duty assignments will be for (30) days and will be
reviewed by the Chief(s) of the Department(s) to determine any extension of
the assignment. Light duty assignments will not include fire suppression,
EMS response, dispatching duties, or delay the appointment or filling of a
Civil Service position due to work being performed by the employee on light
duty. Any employee on light duty will maintain all the rights and benefits of
this contract and earn job and position seniority as if on full duty. Employees
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assigned to light duty on an 8 hour day shift who have previously been
assigned to a 24 hour shift will have their sick leave hours converted on the
basis of one (1) hour sick leave for every three (3) hours accrued. This
exchange will cause an employee that has a maximum accumulated sick
leave from a 24-hour shift (1440 hours) to go to 480 hours. Any excess of the
day sick leave of 480 hours that an employee had earned while on the 24 hour
shift will go into a pool to be returned to that employee upon return to work
on a 24 hour shift. If the employee cannot be returned to shift work for any
reason those excess hours held in the pool would go into the sick leave pool.
In no case can the employee gain more than 100% of sick leave or income
from this assignment.
24.2 On -duty extended injury or illness. Bargaining unit members who are
injured or incur illness on duty may be required at the discretion of the
department to be placed on light duty. Any light duty assignment will be
contingent on the Department's needs and the employee's ability to perform
assigned duties within the scope that would be allowed based on a physician's
recommendation. All light duty assignments will be for (30) days and will be
reviewed by the Chief(s) of the Department(s) to determine any extension of
the assignment. Light duty assignments will not include fire suppression,
EMS response, dispatching duties, or delay the appointment or filling of a
Civil Service position due to work being performed by the employee on light
duty. Any employee on light duty will maintain all the rights and benefits of
this contract and earn job and position seniority as if on full duty. Employees
assigned to light duty on an 8 hour day shift who have previously been
assigned to a 24 hour shift will have their sick leave hours converted on the
basis of one (1) hour sick leave for every three (3) hours accrued. This
exchange will cause an employee that has a maximum accumulated sick
leave from a 24-hour shift (1440 hours) to go to 480 hours. Any excess of the
day sick leave of 480 hours that an employee had earned while on the 24 hour
shift will go into a pool to be returned to that employee upon return to work
on a 24 hour shift. In no case can the employee gain more than 100% of sick
leave or income from this assignment.
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ARTICLE 25 - COMPENSATORY TIME OFF
25.1 All bargaining unit employees shall have the option of receiving
payment or credited time off at the rate of one and one-half (1.5) actual
overtime hours worked in accordance with Municipal Code Section 2.22.040.
Compensatory time shall be separately accounted for and will have to be
cleared by use or pay by December 31, annually.
Up to forty (40) hours of compensatory time may be accumulated. Use shall be
scheduled at the City's discretion with due regard to the wishes of the
employees and the City's work requirements.
25.2 Court Appearance Leave - In the event members of the bargaining unit
receive a subpoena to appear in court to provide testimony in an official
capacity, such required
absence from scheduled duty shall be considered time worked for pay
purposes. When said employees are required to appear in court in an official
capacity in their off duty hours, they shall be paid at the applicable rate for
such time. Verification of court attendance shall be on a form prescribed by
the Administration and shall include a statement of hours signed by the
relevant court clerk.
25.3 An off duty employee who is required by the Administration to testify
before the Civil Service Board on matters pertaining to his assigned duties
shall be compensated for actual time in attendance in accordance with 25.2 of
this Article. Verification of attendance shall be on a form prescribed by
Administration and shall include a statement of hours of attendance signed
by Administration.
25.4 Training Time - For bargaining unit members, training time required
by the Administration shall be considered as time worked for compensation
purposes. Optional training and efforts expended in preparation for
promotional exams, etc., shall not be covered by this clause.
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ARTICLE 26 - PUBLIC SAFETY DISPATCH OPERATIONS
26.1 Cross -Training. The first Public Safety Dispatchers will be individuals
who were formerly Fire Dispatchers and Police Dispatchers who successfully
pass items set forth in section 12.3. Cross -training of these individuals will
begin as soon as administratively possible. Only these particular individuals
who were employed on the day the Employer made the decision to
implement Consolidated Dispatch operations will have the opportunity to
have their primary responsibility continue to be their particular emphasis but
they will be obliged to expeditiously be crossed -trained so that they can
competently handle all Public Safety Dispatch responsibilities inclusive of
police, fire, emergency medical and other dispatch responsibilities. The
existing personnel affected by this section are:
Lee Brandt Roxy Nicholson
Pam Brown Ray Ochs
Rick Ringer Carol Schnellman
Jim Kennard Katy C. Ybarra
Frances Moritz
26.2 New Public Safety Dispatchers. All vacancies for Public Safety
Dispatchers shall be filled according to the Public Safety Dispatcher class
specification.
26.3 Public Safety Dispatch Personnel
(a) Use of Qualified Employees. Persons assigned to work independently as
Public Safety Dispatchers in the Communications Center shall be Public Safety
Dispatch personnel who have passed the required Public Safety Dispatcher
Civil Service exams and/or hold the rank of Public Safety Dispatcher or Lead
Public Safety Dispatcher. This will include those individuals identified in
Article 26.1 as having held the rank of Fire Dispatcher or Police Dispatcher at
the time the employer decided to implement Consolidated Dispatch
operations (9/5/95).
(b) Use of Other Employees in a Workload Related Emergency. In the
event of emergency circumstances which require additional Public Safety
Dispatchers, other Fire and Police personnel may be utilized provided that
they are accompanied by at least two (2) Public Safety Dispatchers at all times.
This condition shall exist only until such time as Public Safety Dispatcher(s)
can respond to the emergency.
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(c) Use of Other Employees in a Personnel Shortage Related Emergency. In
the event that a Public Safety Dispatcher is incapacitated due to illness or
injury and/or is unable to serve or complete his/her duty shift for any reason,
and whereas another on -duty Public Safety Dispatcher is not readily available,
other Fire and Police personnel may be utilized provided that another Public
Safety Dispatcher or Lead Dispatcher is contacted as soon as possible for
replacement. This condition shall exist only until such time as another
Public Safety Dispatcher or Lead Dispatcher can respond.
(d) Work Outside the Bargaining Unit. In the event that classifications
outside of this Bargaining Unit, but in the Communications Center, require
emergency assistance, assistance shall be provided to those classifications by
Bargaining Unit members under the same limitations as set forth in this
article, Section 26.3 (b) (c).
(e) Filling of Vacant Positions. If Communications Center position(s) are
declared vacant, the employer shall make a good faith effort to conduct
examinations for the vacancy within 120 days unless the position(s) are
abolished by the City Council or frozen by the Appointing Authority. The
time limits for examining and filling a position, if said position is not
abolished by the City Council or frozen by the Appointing Authority may be
extended by mutual agreement of the parties. Subject to the provisions of this
section, vacancies for Public Safety Dispatcher shall be filled according to
Section 12.2 of this agreement.
26.4 (a) Work schedules are those hours normally assigned. Work
schedule assignments shall normally be made prior to the start of the
calendar year.
(b) Work schedule assignments shall normally be by seniority within the
classification. Beginning with the most senior employees, they will indicate
which current work schedule assignment they prefer. Remaining schedule
slots shall be filled by assignment of employees with the least seniority,
excluding probationary employees. Management mandated assignments or
re -assignments may become necessary as dictated by training, staffing and
special project concerns. Special project reassignments shall be for the
duration of the special project.
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ARTICLE 27 - HOURS OF WORK AND OVERTIME
27.1 The Employer has the right to schedule bargaining unit members to
work eight (8) hour, ten (10) hour or twelve (12) hour work shifts within a
twenty-four (24) hour period. The Employer has the right to schedule certain
employees to work eight (8) hour, ten (10) hour or twelve (12) hour work
shifts. Work schedules designed by the Employer will be consistent with the
provisions of FLSA.
27.2 Overtime. For Bargaining Unit members, overtime hours are those
hours worked in excess of forty (40) hours in a regularly scheduled seven (7)
day work period and all hours outside one's normally assigned shift. For the
purposes of computing overtime all paid leave time shall be considered time
worked.
27.3 No Pyramiding. Nothing contained in this collective bargaining
agreement shall be interpreted or enforced in such a manner as to result in
the duplication, pyramiding or multiple payment (whether by fractions or
otherwise) of compensation for such items as overtime involving the same
hours of labor.
27.4 Meals and Break Periods Members of this Bargaining Unit will be
granted meal period(s) of forty (40) minutes during their shift. On an eight (8)
hour shift this will be a single meal period as close to mid shift as possible and
on a twelve (12) hour shift there shall be two (2) meal periods, as close as
possible to four (4) hours and again at eight (8) hours into their shift. A rest
period of fifteen (15) minutes shall be allowed for each four (4) hours of
working time. Rest periods shall be provided as near as possible to the
midpoint of each four (4) hour work period. Meal and break periods will be
provided as long as a Public Safety Dispatcher or Lead Public Safety Dispatcher
is available for relief and the workload existing at the time is such that the
remaining personnel can provide dispatching services at no degradation to
the public. Personnel on meal or break periods shall be in the immediate
vicinity of the communications center (on the Law and Justice Building
grounds) and available for immediate call back to duty. On occasion, but not
regularly, at the discretion of the Lead Public Safety Dispatcher or Division
supervision, personnel may leave for a very short period of time during the
meal period. The time off site should not exceed fifteen (15) minutes and
shall count as part of the meal period.
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ARTICLE 28 - TOBACCO USE ON DUTY
28.1 The Union and the City recognize that health problems are caused by
smoking and therefore agree to the elimination of the use of all tobacco
products by everyone involved with the Public Safety Dispatching facilities in
all administrative offices, buildings or facilities. Violations of these
provisions shall constitute a basis for disciplinary action to be handled in
accordance with normal disciplinary procedures.
ARTICLE 29 - PHYSICAL FITNESS
29.1 Bargaining unit members will have made available to them a time,
which shall not exceed sixty (60) minutes per work shift, to participate in an
approved aerobics/physical fitness program. This program shall be as
approved by the physical fitness committee. The scheduled times will be by
agreement between the Administration and the Union. At no time shall the
scheduled aerobics/physical fitness time cause a hiring situation to happen in
order to allow anyone to participate. Relief of on -duty personnel shall only
happen when work schedules and work loads allow. At other times
participants shall use the equipment, furnished by the Administration to
accomplish their aerobics/fitness times. The participants shall provide all of
their own personal aerobics/fitness clothing. The actual schedule of the
aerobics/fitness period times, availability of relief and the list of approved
activities shall be subject to approval by the Administration, the physical
fitness committee and the Public Safety Dispatch Supervisor. As part of this
program, the participants are encouraged to be active participants in the City's
wellness program in order to have a total wellness/fitness program.
29.2 Employees in this bargaining unit shall be required to have physical
examinations to be scheduled by and at the expense of the City. Examinations
shall be required every 2 years beginning at the age of 40. The results of a
medical examination, only as it relates to the ability of the employee to
carryout his/her job responsibilities, shall be forwarded to the Chiefs of the
Division. A copy of which will be sent to the employee.
29.3 If the Administration has a concern about an employee's physical
and/or mental fitness for duty, the Employer has the right to require said
employee to be examined by a qualified medical expert designated by the
Employer at the Employer's expense. The qualified medical expert will issue a
statement to the Chiefs regarding the employee's fitness for duty with a copy
to the employee.
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ARTICLE 30 - DEFERRED COMPENSATION
30.1 Effective 1-1-01, each bargaining unit member shall be paid, in addition
to that employee's monthly salary, deferred earned compensation each
month in an amount equal to three (3%) percent of base pay to a deferred
compensation account for each member of the bargaining unit.
30.2 Said deferred compensation is separate pay and is not part of the base
monthly salary schedule codified in Yakima Municipal Code Pay and
Compensation Ordinance, subsection 2.20.110. This provision is subject to the
City's deferred compensation rules and regulations adopted by the City
Council and IRS regulations, and the computation of retirement
contributions and pension benefits shall be governed by applicable state law.
ARTICLE 31 - DISCIPLINE AND
DISCIPLINARY PROCEDURES
31.1 Both parties have agreed to continue to work on and to complete a
progressive discipline policy.
ARTICLE 32 - PROPERTY LIABILITY
32.1 The City shall provide full physical damage insurance on City vehicles
which shall include Public Safety Division employees as insureds, or the City
shall, in the alternative, become self-insured for such physical damage. In
either case, the City waives any claim it may have against any Division
employee for damage to City property while that employee is acting within
the scope of his employment except in the instance of intentional
misconduct, but the City retains its right to discipline any employee for just
cause.
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ARTICLE 33 - MUNICIPAL CODE SECTIONS PERTAINING
TO BARGAINING UNIT MEMBERS
2.04 Group Insurance
2.04.010 Plan Adopted
2.04.030 City Contributions
2.16 Bonds For Officers
2.16.010 Bonds Required - Amount
2.20 Salaries
2.20.010 Persons Subject to the Plan
2.20.040 Policy for Pay Steps
2.20.060 Transfer, Promotion, Reclassification, Demotion or
Reinstatements of Employees
2.20.070 Reduction in Salary
2.20.080 Effect on Budget
2.20.085 Reimbursement for Expenditures
2.20.086 Reimbursed Expenditures - Amounts
2.20.088 Uniform Allowance - Special Assignment Pay
2.20.100 Classification Plan
2.20.110 Compensation Plan
2.22 Fire Department - Working Conditions
2.22.010 Work Week
2.22.030 Compensation
2.22.040 Overtime Pay
2.22.050 Special Assignment Pay
2.22.060 Time -off Privileges - Vacation Leave
2.22.070 Time -off Privileges - Compassionate Leave
2.22.075 Time -off Privileges - Sick Leave
2.22.080 Holidays
2.24 Longevity Plan
2.24.010 Longevity Plan - Eligibility - Restrictions
2.24.015 Longevity Plan - Service Recognition Award
2.24.020 Leave Of Absence for Service in Armed Forces
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2.40 Leaves Of Absence
2.40.010 Eligible Employees
2.40.020 Vacation Leave
2.40.030 Sick Leave
2.40.040 Civil Leave
2.40.050 Military Leave
2.40.060 Leave Without Pay
2.40.070 Unauthorized Absence
2.44
2.44.030
2.44.040
2.44.050
2.44.060
Lobbying by City Personnel
Permitted Activities of Representatives
Payment for Services of Representative
Prohibited Expenditures
Ethical Practices and Conduct
In cases of conflict between the Municipal Code and this Agreement, the latter
shall control. Nothing herein shall alter the parties' rights and obligations to
bargain collectively concerning proposed changes in the Municipal Code that
affect wages, hours or working conditions of bargaining unit employees.
ARTICLE 34 - ENTIRE AGREEMENT
34.1 This collective bargaining agreement constitutes the entire agreement
as negotiated between the parties and no oral statements and/or previous
written agreements shall add to or supersede any of the specific provisions of
this agreement.
34.2 The Administration and the Union agree to establish monthly
meetings for the purpose of discussing matters considered of importance and
to maintain a channel of communication. It is intended that such
communication be used as a tool to prevent problems from developing and
to solve problems which have surfaced.
34.3 The problem resolving meetings shall not result in any modifications
to this collective bargaining agreement except by mutual written agreement
by the parties.
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Amended 3/18/2003
ARTICLE 35 - SAVINGS CLAUSE
35.1 All provisions of this Agreement are subject to applicable laws, and if
any provision of any article of this Agreement is held or found to be in
conflict therewith, said provision shall be void and shall not bind either of
the parties hereto; however, such invalidity shall not affect the remaining
articles of this Agreement. Notwithstanding any other provisions of this
Agreement the Employer may take all actions reasonable to comply with the
Americans with Disabilities Act and the Family Medical Leave Act.
ARTICLE 36 - CREATION OF NEW CLASSIFICATIONS
36.1 The salary, hours of work and fringe benefits for all newly created
classifications within the bargaining unit shall be negotiated with the Union.
The Employer will provide a job description for the new classification to the
bargaining unit representative prior to seeking applications for the new
position. Thereafter, the classification shall be filled by open and competitive
competition. If the new classification would be a logical progression for an
existing classification, then it will be filled by the promotional process.
Otherwise, the new classification would be filled by open and competitive
competition. All areas negotiated for the new classification shall be applied
retroactive to the date of hire or promotion of any individual who is placed
into the new classification.
ARTICLE 37 - CLASSIFICATION STUDIES
37.1 The long term assignment (greater than 6 months) of uncharacteristic
duties (e.g., dispatching taxi cabs, buses, shuttle services), that are outside
what normally would be considered duties related to a consolidated public
safety communications center (e.g., ambulance dispatching, fire
department/district dispatching, law enforcement agencies dispatching,
Emergency services dispatching), to any classification in the bargaining unit
must be accompanied by a classification study. The classification study shall
be accomplished in a reasonably timely manner.
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Amended 3/18/2003
37.2 An outside consultant shall perform a classification study for Lead
Dispatchers when the next classification studies are performed for Charter
Civil Service positions in 2001. The City and the Union shall meet with the
consultant prior to the beginning of the study to discuss the parameters.
Upon completion of the study, the City and the Union shall review the
results and recommend compensation adjustments for Council
consideration. If the results of the study indicate that increases in
compensation are warranted, the City shall make every effort to budget for
the recommended adjustments. Compensation adjustments shall be
implemented January 1, 2002 subject to the availability of funds. If revenue
shortfalls continue to exist compensation adjustments shall be implemented
on a phased -in basis over multiple years. The resulting compensation
adjustment shall be subject to the arbitration process if necessary.
ARTICLE 38 - VEBA MEDICAL SAVINGS ACCOUNT
38.1 The Bargaining Unit shall have the option of participating in a medical
savings trust fund. Participation of the members shall be either all -in or all-
out depending on the vote of body. This trust fund shall be funded by the
employee's sick leave cash out at the time of retirement.
ARTICLE 39 - TERM OF THE AGREEMENT
39.1 This Agreement shall be deemed effective from and after the 1st day of
January, 2001 through the 31st day of December, 2003; Provided, however, that
this agreement shall be subject to such periodic changes as may be voluntarily
and mutually agreed upon by the parties hereto during the term thereof.
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Amended 3/18/2003
Executed by the parties hereto this 19thday of March , 2003.
CITY OF YAKIMA:
ByC�
R. A. Zais, Jr
City Manager
ATTEST:
By: ‘;1y?,
City Clerk ��:,,
UNION:
B
rnt, IAF 746'9
ohnso
By>
rr° Sec-Tre. urer, IAFF 469
Tom Schneider
Contract No. 2003-31
Resolution NO. R-2003-47
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Amended 3/18/2003
COLLECTIVE BARGAINING AGREEMENT
COVERING PERS FIRE DEPARTMENT EMPLOYEES
AND
9-1-1 CALLTAKERS
By and Between
THE CITY OF YAKIMA, WASHINGTON
and
LOCAL 469,
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS,
AFL-CIO
EFFECTIVE:
January 1, 2001, through December 31, 2003
Amended March 18, 2003
TABLE OF CONTENTS
ARTICLE 1 - UNION RECOGNITION AND BARGAINING UNIT
ARTICLE 2 - UNION SECURITY
ARTICLE 3 - PAYROLL DEDUCTIONS
ARTICLE 4 - MANAGEMENT RIGHTS
ARTICLE 5 - EMPLOYEE RIGHTS
1
2
2
3
4
4
EQUAL OPPORTUNITY CLAUSE 4
GRIEVANCE PROCEDURE 5
RELEASE FROM DUTY 8
- COLLECTIVE BARGAINING COMMITTEES 9
- COLLECTIVE BARGAINING PROCEDURE 9
- PROMOTIONAL STANDARDS 10
- REFRESHMENT FUNDS 11
- WAGES 11
- HEALTH CARE INSURANCE 11
- LIFE INSURANCE 13
- LONGEVITY PAY 13
- SPECIAL PAYS 14
- VACATION LEAVE 15
- HOLIDAYS 16
- SICK LEAVE ACCRUAL/EXCHANGE 17
- SICK LEAVE POOL 19
- BIRTHING LEAVE/MATERNITY LEAVE 21
- LIGHT DUTY 24
- COMPENSATORY TIME OFF 22
ARTICLE 6 - PRODUCTIVITY
ARTICLE 7 -
ARTICLE 8 -
ARTICLE 9 -
ARTICLE 10
ARTICLE 11
ARTICLE 12
ARTICLE 13
ARTICLE 14
ARTICLE 15
ARTICLE 16
ARTICLE 17
ARTICLE 18
ARTICLE 19
ARTICLE 20
ARTICLE 21
ARTICLE 22
ARTICLE 23
ARTICLE 24
ARTICLE 25
ARTICLE 26
ARTICLE 27
ARTICLE 28
ARTICLE 29
ARTICLE 30
ARTICLE 31
ARTICLE 32
ARTICLE 33
ARTICLE 34
ARTICLE 35
ARTICLE 36
ARTICLE 37
ARTICLE 38
ARTICLE 39
- PUBLIC SAFETY COMMUNICATIONS OPERATIONS 23
- HOURS OF WORK AND OVERTIME 23
- TOBACCO USE ON DUTY 24
- PHYSICAL FITNESS 24
- DEFERRED COMPENSATION 25
- DISCIPLINE AND DISCIPLINARY PROCEDURES 25
- PROPERTY LIABILITY 25
- MUNICIPAL CODE SECTIONS PERTAINING BARGAINING
UNIT MEMBERS 26
- ENTIRE AGREEMENT 27
- SAVINGS CLAUSE 28
- CREATION OF NEW CLASSIFICATIONS 28
- CLASSIFICATION STUDIES 28
- VEBA MEDICAL SAVINGS ACCOUNT 29
- TERM OF THE AGREEMENT 29
COLLECTIVE BARGAINING AGREEMENT
COVERING PERS FIRE DEPARTMENT EMPLOYEES
AND
9-1-1 CALLTAKERS
By and Between
THE CITY OF YAKIMA, WASHINGTON
and
LOCAL 469,
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS,
AFL-CIO
This Agreement, made and entered into this first day of January 2001, by and
between the City of Yakima, Washington, hereinafter called the City, and
local 469, International Association of Firefighters, AFL-CIO, hereinafter
called the Union.
GENERAL PROVISIONS
ARTICLE 1 - UNION RECOGNITION AND
BARGAINING
1_1 The City hereby recognizes the Union as the exclusive bargaining
representative for all regular Fire Department employees in the Public
Employees Retirement System (PERS) classifications and 9-1-1 Calltakers.
Excluded from the bargaining unit are the Fire Chief, Deputy Fire Chief,
Battalion Chiefs, Administrative Assistant, Uniformed Firefighter personnel,
Fire Dispatchers, Alarm Supervisor, Public Safety Communications Division
Manager, and temporary employees.
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ARTICLE 2 - UNION SECURITY
2_1 Each employee in this bargaining unit may become or remain a
member of the Union. Employees not desirous of membership in the Union
shall be subject to a representation service fee equal to the base mandatory
dues and assessments which shall be a condition of continued employment.
Said membership or fee payment shall become mandatory upon successful
completion of a one (1) year period of service and in accordance with
provisions of the Public Employee Collective Bargaining Act, RCW, 41.56.
Nothing herein shall preclude membership in the Union of any employee
who so requests prior to completion of one (1) year of service.
ARTICLE 3 - PAYROLL DEDUCTIONS
3_1 The City agrees to deduct uniformly required Union membership fees,
dues and other assessments by the Union from the pay of those members
who authorize the City to do so. Such authorization shall be in writing and
signed by each person authorizing such deductions and filed with the City.
The Secretary of the Union shall notify the Finance Director of the City of
Yakima of amounts to be deducted from the pay of each such person. The
City shall transmit such amounts to the official and location designated by the
bargaining unit representatives together with an itemized statement, on or
before the 20th day of each month, following the month for which deductions
are made. The Union agrees to hold harmless and indemnify the City against
any claims, causes of action, or lawsuits arising from such deductions and/or
the transmittal of such deductions to the Union.
3_2 In the event the City receives a written notice, signed by any person
from whose pay such deductions are being made, that no further deductions
are to be made, the City shall make no such deductions from any pay earned
by that person after receipt by the City of such notice. The City shall notify the
Union of all such notices received by the City, which notification to the
Union shall be given in writing within seven (7) calendar days after the
receipt by the City of such notice and shall include the name of the person
involved.
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ARTICLE 4 - MANAGEMENT RIGHTS
4.1 The Union recognizes the prerogative of the City to operate and
manage its affairs in all respects in accordance with its responsibilities, lawful
powers and legal authority. City affairs which are not included within
negotiable matters pertaining to wages, hours and working conditions are
inclusive of the following, but not limited thereto:
(a) The right to establish and institute work rules and procedures upon
reasonable notice to bargaining unit members. All personnel rules and
policies developed by the Employer which are intended to be applicable to
Union members shall be in written form and posted in the department
manual.
(b) The right to determine reasonable schedules of work, overtime and all
methods and processes by which said work is to be performed in a manner
most advantageous to the Employer. Changes to work schedules which are
intended to be applicable to Union members shall be in written form and
posted in the department manual.
(c) The right to lay off employees for lack of work or funds or because of
the occurrence of conditions beyond the control of the City or where the
continuation of work would be wasteful and unproductive in the opinion of
City officials.
(d) The right to discipline or discharge employees for just cause; provided
that the City's right to discipline or discharge initial hires during their
probationary period shall not be limited by this section. The parties agree to
study policies for administering this section.
(e) The right to assign incidental duties reasonably connected with but not
necessarily enumerated in job descriptions, shall nevertheless be performed
by employees when requested to do so by the Employer.
(f) The right to take whatever actions the Employer deems necessary to
carry out services in an emergency.
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ARTICLE 5 - EMPLOYEE RIGHTS
5.1 Except as otherwise provided in this labor contract, the provisions of
this labor agreement, where applicable, shall not be construed as a waiver of
the Union's right to request and require bargaining in accordance with the
provisions of Chapter 41.56, RCW.
5_2 Employees shall be permitted to wear either one (1) union tie tack or one
(1) union pin on department uniforms. The tie tack or pin shall not exceed
5/8 inch in diameter.
ARTICLE 6 - PRODUCTIVITY
6_1 The parties mutually recognize the desirability of improving
productivity in order to provide maximum services at reduced costs. The
Union agrees to actively cooperate and participate in studies and agrees to
discuss the implementation of programs to promote efficiency, productivity
and to reduce departmental costs. The goal of the parties is to jointly work to
reduce overtime.
6.2 A joint committee shall be formed to promote labor peace, harmony
and productivity. The committee shall be composed of two representatives
designated by the Union, two by the City Council and two designated by
management, and shall meet from time to time as either party may
reasonably request.
6.3 The City understands the Union's concern regarding the shortage of
manpower and will discuss the impacts of any potential shortages in
personnel and will pursue, with Union input, adequate resources to apply to
needed services in the event of future annexations and/or mergers.
ARTICLE 7 - EQUAL OPPORTUNITY CLAUSE
7.1 It is the policy of the City of Yakima and the Union not to discriminate
against any employees or applicants for employment because of race; color;
religion; age; sex; physical, mental, or emotional handicap; national origin;
political affiliation; Union involvement; or any other type of protected
activity. It is not the intent of management to lower employment standards
or hire individuals incapable of performing the required tasks of the job
classification. Nothing in this section shall prohibit the City from
establishing bona fide occupational qualifications.
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ARTICLE 8 - GRIEVANCE PROCEDURE
8_1 Policy. The parties recognize that the most effective accomplishment
of the work of the City requires prompt consideration and equitable
adjustments of employees' grievances. It is the desire of the parties to adjust
grievances informally whenever possible, and both management and
employees are expected to make every effort to resolve problems as they arise.
However, it is recognized that there may be a grievance which can be resolved
only after a formal review. Accordingly, the following procedure is hereby
established in order that grievances of employees covered by this agreement
may be resolved as fairly and expeditiously as possible.
8_2 Definition. A grievance is a dispute involving the interpretation,
application, or alleged violation of any provision of this collective bargaining
agreement.
(a) A working day shall be any day except Saturday, Sunday and any city
administration staff holiday.
8_3 Process.
(a) To be reviewable under this procedure a grievance must:
Be commenced within sixty days (60) working days after the grieving
party has been made reasonably aware of the circumstances giving rise to the
grievance.
(b) Step 1 (PERS) - Discussion With Supervisor - As soon as possible, but
in no case later than the time period specified above, an employee shall first
discuss his grievance with his immediate supervisor. Said supervisor shall
make an investigation of the relevant facts and circumstances of the
complaint and provide a written decision within seven (7) working days.
Step 1 (Calltaker) - Discussion With Public Safety Communications
Supervisor - As soon as possible, but in no case later than the time period
specified above, an employee shall first discuss his grievance with the PSCS.
Said PSCS shall make an investigation of the relevant facts and circumstances
of the complaint and provide a written decision within seven (7) working
days.
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(c) Step 2 (PERS) - Grievance timely filed in writing with Division
Supervisor - If the employee and the immediate supervisor cannot reach
agreement regarding a remedy the employee may, provided the employee
timely files the grievance at this step within twenty (20) working days of
receipt of the immediate supervisors written decision, submit the written
grievance to the Division Supervisor. The Division Supervisor shall conduct
an investigation and provide a written decision within twenty (20) working
days of receipt of the grievance.
Step 2 (Calltaker) - Grievance timely filed in writing with Division
Manager - If the employee and the PSCS cannot reach agreement regarding a
remedy the employee may, provided the employee timely files the grievance
at this step within twenty (20) working days of receipt of the PSCS written
decision, submit the written grievance to the Division Manager. The
Division Manager shall conduct an investigation and provide a written
decision within twenty (20) working days of receipt of the grievance.
(d) Step 3 (PERS) - Grievance Appealed To Chief - If the employee and
Division Supervisor cannot reach agreement regarding a remedy, the
employee may, within twenty (20) working days of receipt of the written
decision, submit the grievance to the Chief of the Department. The Chief
shall make a separate investigation of the issue(s) and notify the employee in
writing of his decision, and the reasons therefore, within twenty (20) working
days.
Step 3 (Calltaker) - Grievance Appealed To Chiefs. If the employee and
Division Manager cannot reach agreement regarding a remedy, the employee
may, within seven (7) working days of receipt of the written decision, submit
the grievance to the Chiefs of the Department. The Chiefs shall make a
separate investigation of the issue(s) and jointly notify the employee in
writing of their decision, and the reasons therefore, within twenty (20)
working days.
(e) Step 4 - Grievance Appealed To City Manager - If the grieving party is
dissatisfied with the decision of the Chief(s) of the Department, the employee
may within twenty (20) working days request a review by the City Manager.
The City Manager shall forward a written decision to the employee within
twenty (20) working days from receipt of the grievance.
(f) Step 5 - Grievance Appealed To Arbitration - Except as provided in 8.4
(d) of this Article, a grievance which is not resolved as set forth may be
appealed to arbitration. Either party may invoke arbitration upon submission
of a written request for same which identifies the previously filed grievance
and sets forth the issue(s) which the moving party seeks to have arbitrated.
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A joint request of the Union and the City Manager shall then be forwarded to
the Public Employment Relations Commission (PERC) within twenty (20)
working days for assignment of an arbitrator from its staff. Subsequent
hearing(s) will be governed by the rules and procedures of PERC. The
arbitrator shall render a decision as promptly as possible. The arbitrator shall
confine himself/herself to the issues submitted for arbitration and shall have
no authority to determine any other issues not so submitted to him/her. The
arbitrator shall have jurisdiction and authority only to interpret, apply or
determine compliance with the specific terms of the Agreement and shall not
have jurisdiction to add to, detract from or alter in any way the provisions of
this Agreement. The decision within the jurisdiction of the arbitrator shall be
final and binding upon both parties. Expenses and fees incumbent to the
services of the arbitrator shall be borne equally by the Employer and the
Union.
(g) Any grievance which the City's management may have against the
Union shall be reduced to writing and submitted to the President of the
Union local. If the matter is not satisfactorily settled within fifteen (15)
working days, appeal may be instituted as set forth in 8.3(f), Step 5, above.
(h) If the subject matter of a grievance could be appealed to the Civil
Service Commission for fire employees of the City of Yakima, the matter may
be submitted for determination to the Civil Service Commission or
arbitration, but not both. After the Union has received the City Manager's
answer at Step 4, it will advise the affected employee whether it is willing to
submit the grievance to arbitration and, if so, the employee shall elect within
10 working days after the Step 4 answer the forum in which the matter is to be
heard. Submission of the dispute to arbitration or a hearing by the Civil
Service Commission shall bar submission in the other forum.
8_4 Special Provisions.
(a) A Union representative and/or aggrieved party shall be granted time
off without loss of pay for the purpose of processing a grievance as provided
in 8.3(f), Step 5, above.
(b) A grievance may be entertained in or advanced to any step in the
grievance procedure if the parties so jointly agree.
(c) The time limits within which action must be taken or a decision made
as specified in this procedure may be extended by mutual written consent of
the parties involved. A statement of the duration of such extension of time
must be signed by both parties involved at the step to be extended.
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(d) Non -contract disputes only: Wages, hours and working conditions not
specifically covered by the terms and conditions of this Agreement shall be
subject to the grievance procedure up to, but not including, arbitration. If the
City and the grievant are unable to reach agreement at the City Manager level,
where the grievance is not subject to arbitration, a three person board will be
formed. Management will select one member and the Union will select one
member of the Board. The two members will select the third member who
shall act as chairperson. All members of this Board must be citizens or
employees of the City of Yakima. In the event the two members cannot agree
as to the selection of the third member, each member may submit one name
whereby the chairperson shall be selected by lot. Any expenses for the
services of the third party chairperson shall be borne equally by the parties.
The decision of this Board shall be binding on the parties in non -contractual
grievances.
ARTICLE 9 - RELEASE FROM DUTY
9.1 Union Business Leave. Such officers and members of the Union as
may be designated by the Union normally not to exceed two (2) in number at
any one (1) time, shall be granted up to a total of one hundred twenty (120)
hours of time off for Union business between the two (2) employees,
provided that a maximum of seventy (70) of these up to one hundred twenty
(120) hours off will be paid at the standard rate granted for any leave with pay.
The City shall be obliged to release one (1) employee but may allow additional
employees to be released simultaneously based upon departmental
operational requirements. Business leave includes attending labor
conventions and educational conferences regarding collective bargaining,
provided that notice of such conventions or conferences shall be given at
least one (1) week prior thereto to the Chief, and provided further that the
total leave for this bargaining unit for the purpose set forth in this section
shall not exceed one hundred twenty (120) hours in any calendar year.
Furthermore, partial shifts may be utilized by employees for departure or
return provided Department established minimum manning levels are
maintained after the absence of the person(s) to be released on Union
Business Leave. Officers and members of the Union designated by the Union
may use Union business leave from any of the bargaining units that I.A.F.F.
Local 469 represents.
911 Calltaker 1/01-12/31/03.doc - 8 - Amended 3/18/2003
ARTICLE 10 - COLLECTIVE BARGAINING COMMITTEES
10.1 Collective bargaining between the parties shall be carried out by the
City Manager or his designees, on behalf of the City Council, and a committee
representing the Union. No later than August 5 of each year, the Secretary of
the Union and the City Manager shall notify one another regarding the
names of persons constituting their respective bargaining committees. If a
communication is forwarded previous to that date, a response will be made
within ten (10) working days.
10.2 Members of the Union negotiating committee, not exceeding three (3)
in number, shall be granted leave from duty without loss of pay for all
meetings between the City and the Union for the purpose of negotiating the
terms of a contract during the pre -impasse period as provided in RCW 41.56,
as amended, when such meetings take place at a time during which any such
members are scheduled to be on duty.
10.3 Members of the Union negotiating committee, not to exceed three (3)
in number, shall be granted leave in the post -impasse period without loss of
pay, except that when such leave reduces the manpower level below that
established as the minimum manpower requirement of the Department,
such leave shall be without pay.
ARTICLE 11 - COLLECTIVE BARGAINING PROCEDURE
11.1 General. All negotiable matters pertaining to wages, hours and
working conditions shall be established through the negotiation procedure as
provided by RCW 41.56. No ordinances existing at the time of execution of
this Agreement relating to wage, hours and working conditions for members
of the bargaining unit shall be amended or repealed during the term of this
Agreement without written concurrence of both parties.
11.2 Each year, as appropriate, the Union shall submit to the City Manager
and the City Manager may submit to the Union a written proposal for any
changes in matters pertaining to wages, hours and working conditions
desired by the Union or the City for the subsequent year. These written
proposals shall be submitted in accordance with the requirements of RCW
41.56, as amended by S.B. 2852 (1979). The Union and the City shall follow the
collective bargaining procedure set forth in the said statute. All agreements
reached shall be reduced to writing which shall be signed by the City Manager
and the Union's representatives.
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11.3 Impasse Resolution
(a) Mediation - In the event the Union and the City are unable to resolve
any negotiable matters relating to wages, hours, and working conditions for
PERS employees, and before any final City Council action by ordinance,
resolution or otherwise, either party may request mediation. Said request
must be filed within seven (7) calendar days from the declaration of impasse.
Before mediation is requested, the unresolved matter may be reduced to
writing and reasonable notice given to the other party of intentions to seek
mediation. Mediation shall be conducted by the Washington State Public
Employment Relations Commission.
(b) Consideration by City Council - In the event the Union and the City
are unable to resolve any negotiable matters relating to wages, hours, and
working conditions for PERS employees, such unresolved matters may be
submitted by either party hereto, to the Yakima City Council for discussion
and consideration by that body in an effort to satisfactorily settle such
unresolved matter prior to any final City Council action by ordinance,
resolution or otherwise. Such consideration by the Council shall be made
within fifteen(15) calendar days following a written request. The parties shall
have the right to be in attendance and be heard.
11.4 If the Union and the City desires that there be mediation as provided
above, in Section 11.3 (a), the Union or the City must request in writing to the
other party that such mediation procedure be complied with prior to the
submittal of the matter to the City Council for consideration.
ARTICLE 12 - PROMOTIONAL STANDARDS
12.1 Promotions within this bargaining unit shall be determined in
accordance with the rules and regulations governing the Yakima Fire Civil
Service Commission.
12.2 (a) The candidate who is a 9-1-1 Calltaker at pay step A, B or C shall
receive a starting wage of PSD step C upon being promoted from 911 to Public
Safety Dispatcher (PSD).
(b) The candidate who is a 9-1-1 Calltaker at pay step D or E shall receive a
starting wage of PSD Step D upon being promoted from 911 to PSD.
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ARTICLE 13 - REFRESHMENT FUNDS
13.1 The Union may authorize bargaining unit members to furnish in-
house refreshments; provided that any proceeds from such activities shall be
used in-house for the benefit of bargaining unit members or, upon approval
by the Union, donated to charitable organizations. The Union shall be
responsible for insuring that the refreshment funds are administered
consistent with applicable law.
ARTICLE 14 - WAGES
14.1 Effective 1-1-01 the base salary for bargaining unit members shall
remain unchanged from the previous year.
14.2 Effective 1-1-02 the base salary for bargaining unit members shall be
increased by three percent (3%).
14.3 Effective 7-1-02 the base salary for bargaining unit members shall be
increased by one percent (1%).
14.4 Effective 1-1-03 the base salary for bargaining unit members shall be
increased by two and one-half percent (2-1/2%).
14.5 Effective 7-1-03 the base salary for bargaining unit members shall be
increased by one percent (1%).
ARTICLE 15 - HEALTH CARE INSURANCE
15.1 Medical, Vision and Dental Care Coverage -
Effective April 1, 1994 covered bargaining unit employees, retirees and their
dependents shall participate in the "City of Yakima Employees' Health &
Welfare Benefit Plans." Eligibility rules, types and of levels of benefits,
payment of premiums through a cafeteria plan, co -payment, coinsurance and
deductibility requirements and all other terms and conditions for the
provision of these health benefits shall be governed by the "City of Yakima
Employees' Welfare Benefit Program."
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15.2 Health and Dental Care Premium Contributions -
(a) January 1, 2001 - December 31, 2001
(i) Employee Health Care Premium Contribution: Bargaining unit
member employee only health care coverage shall be paid for by the City and
shall be at no cost to the employee. Bargaining unit members will be given
the option to pay the difference in premium between the designated 100%
coverage for LEOFF I and the City's "Plan", except that the deductible shall be
as stated in the "Plan".
(ii) Dependent Health Care Premium Contributions: The City and the
employee shall share dependent medical program premiums on a 50% by the
employer and 50% by the employee basis, with the maximum employee
contribution not to exceed the rate which was in effect on December 31, 2000
($126.48 mo).
(iii) Dental Care Premium Contributions: The City shall pay the
premium for bargaining unit member employee and dependent dental care
coverage.
(b) January 1, 2002 through December 31, 2003
(i) Employee Health Care Premium Contribution: Bargaining unit
member employee only health care coverage shall be paid for by the City and
shall be at no cost to the employee. Bargaining unit members will be given
the option to pay the difference in premium between the designated 100%
coverage for LEOFF I and the City's "Plan", except that the deductible shall be
as stated in the "Plan."
(ii) Dependent Health Care Premium Contributions: The City and the
employee shall share dependent medical program premiums on a 50% by the
Employer and 50% by the employee basis, with a maximum employee
contribution of $140 per month.
(iii) Dental Care Premium Contributions: The City shall pay the
premium for bargaining unit member employee and dependent dental care
coverage.
(c) Employee contributions under this Article will be accomplished through
normal payroll deductions.
15.3 Retiree Coverage - The City of Yakima Employees' Health and Welfare
Benefit Plan shall provide retirees and dependents of retirees the right to
remain in the group plan as follows:
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(a) Retirees covered at the time of execution of this agreement and future
retirees may elect to remain in the group medical plan until they reach age 65,
but they must pay the required premium for such group medical plan.
(b) Spouses of retirees may remain in the group medical plan until they
reach age 65 or in the case of spouses of deceased retirees, until they reach age
65 or remarry, whichever occurs first.
(c) Other dependents of retirees may remain in the group health care plan
as long as they remain eligible under the provisions of the plan or when
coverage for the retiree and spouse, or, the spouse of deceased retiree
terminates, at which time such dependent insurance coverage would cease
regardless of the age of the dependents.
(d) Retirees, or spouses of deceased retirees, shall pay the premium and
other shared dependent coverage costs (including dependents if enrolled)
which shall be based on the same formula as active employees and
dependents within the bargaining unit. Premiums shall be paid by deduction
from retirement checks paid to retired employees or their beneficiary.
ARTICLE 16 - LIFE INSURANCE
16.1 The City will provide, without cost to the employee, $20,000 in face
amount of life insurance.
ARTICLE 17 - LONGEVITY PAY
17.1 The City will pay longevity pay upon satisfactory completion of the
following service and at the designated rate:
Service In Years Percent Of Base Pay
4 1.5
9 3
14 4.5
19 6
24 8
29 10
Service in years shall be defined as in Article 19, Vacation Leave, of this
Agreement.
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ARTICLE 18 - SPECIAL PAYS
18.1 Acting Assignment. The City will pay acting assignment pay of at least
5% above the normal base pay or the pay rate of the D -Step of the next higher
pay grade, whichever is greater, for an individual for such period of
continuous service, provided the individual serves a minimum of eight (8)
hours in such higher classification, having been so assigned by the Fire Chief
or his designee and provided further that the individual exercises the
responsibility, including operation and administrative duties as they apply.
18.2 Eligibility for Acting Assignments. In order for an employee to be
eligible for assignment to an acting position, that employee must be eligible
for promotion to the position in accordance with the promotional standards
as set forth in the Fire Civil Service Commission rules and regulations.
18.3 Tool Allowance for Electronic Technicians and Maintenance Mechanic.
The employer will pay up to one percent(1%) of an employees base salary for
tool replacement allowance subject to prior approval on an item -by -item
bases by the Employer. The purpose of this tool allowance is to provide for
replacement of broken and / or stolen tools subject to the Employer's
approval.
18.4 Call Back.
(a) An employee who is called back to duty after his scheduled shift has
terminated, but before the scheduled start of his next shift, shall receive
premium pay for all hours worked, but not less than two (2) hours of
premium pay.
(b) The call back bonus will not be available for a "hold over" defined as
an extension of a regular or reassigned shift due to manning requirements or
an emergency circumstance. However, premium pay shall be paid for work
performed.
18.5 Mileage. The City shall pay each employee for his use, at the request of
the City, of his personal auto, not less than the IRS rate per mile actually
driven, or the actual cost of applicable public transportation. In the event that
the City increases mileage allowance paid by the City for the use of personal
autos on City business for any other City department or employee, such
increased allowance shall become the new rate thereunder.
18.6 Uniform Maintenance Bargaining unit members shall be paid sixty
dollars ($60.00) annually, payable in February. The City shall have the right to
contract for uniform maintenance services as it deems appropriate after
which time no further uniform maintenance allowances shall be payable.
18.7 Training Officer. The Union and the City shall study the issue of a
training officer as to function, hours, and pay.
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ARTICLE 19 - VACATION LEAVE
19.1 Each bargaining unit member shall earn vacation leave for years of
service at the following rates:
(a) Employees with one (1) full year of service shall earn eighty (80) hours,
forty (40) hours of which may be taken after six (6) months service;
(b) Employees with two (2) full years of service shall earn ninety-six (96)
hours;
(c) Employees with five (5) full years of service shall earn one hundred
twenty (120) hours;
(d) Employees with ten (10) full years of service shall earn one hundred
fifty-two (152) hours;
(e) Employees with more than fifteen (15) full years of service shall earn
one hundred seventy-six (176) hours;
(f) Employees with more than twenty (20) full years of service shall earn
one hundred ninety-two (192) hours provided they become employed by the
City of Yakima prior to January 1, 1981.
192 Bargaining unit members may accumulate vacation leave time in an
amount equal to the vacation time the employee earns during two (2) years of
service, according to the accrual rate(s) specified above.
19.3 Service in years for bargaining unit members is defined as the most
recent period of employment unbroken by voluntary termination, voluntary
retirement, voluntary leaves of absence in excess of thirty (30) days or
termination for cause. Such service shall not be considered broken by period
of disability retirement, or leave without pay in excess of thirty (30) days for
medical reasons, if approved by the Fire Civil Service Commission during
which times no service credit shall accrue. Layoff shall not be considered a
break in service providing that failure to accept the first offer of re-
employment for any reason shall constitute a break in service. (No service
credit shall accrue during periods of layoff.)
19.4 For bargaining unit members any vacation accumulated over the stated
limit shall be paid at 100% of base wage as of December 31 of each year;
provided, however, at least 75% of the annual accrual rate for vacation must
have been used during the year in order to qualify for the payment; provided,
however, if the Employer cancels an employee's scheduled vacation and this
canceling results in vacation accumulation over the stated limits as of
December 31 of any particular year then the Employer will pay for said
vacation at the normal hourly rate. Payment for any vacation accumulated
over the stated limits is subject to the Employer's inability to reschedule the
vacation time off. Neither party shall unreasonably withhold approval of
rescheduling of vacation previously canceled.
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ARTICLE 20 - HOLIDAYS
20.1 Holidays With Pay.
(a) Day Off. If an employee performs no work on a holiday, within ninety
(90) days that employee shall have time off equal to the number of hours
scheduled most frequently in his regularly scheduled shifts.
(b) Day On. If an employee performs work on a holiday, that employee
shall receive his/her regular pay plus time and one-half (1.5) pay for all hours
worked. The employee shall have the option of receiving comp -time as
specified in Article 25 - Compensatory Time Off.
20.2 No employee shall be paid for a holiday unless such employee is in a
pay status both the workday before and the workday after such holiday.
Exception to the above shall be made for an employee who works a holiday as
directed by the City.
20.3 An employee who performs work during a period when the employee
is on a scheduled time off shall receive time and one-half (1.5) for all hours
worked and shall receive time off as specified in 20.1(a).
20A Bargaining unit members shall observe holidays as follows:
New Year's Day
Martin Luther King Jr. Day
Washington's Birthday
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
The Day After Thanksgiving
Christmas Day
One (1) Personal Holiday
January 1st
3rd Monday in Jan.
3rd Monday In Feb.
Last Monday In May
July 4th
1st Monday In Sept.
November 11th
4th Thursday In Nov.
December 25th
Equal to one (1) full shift
The provisions of City of Yakima Municipal Code 2.40.080(c) and (d) shall not
apply to this provision.
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ARTICLE 21 - SICK LEAVE ACCRUAL / EXCHANGE
21.1 For the purposes of this Article only, a day shall be construed as eight
(8) hours.
21.2 Sick Leave Exchange or Cashout. Bargaining unit members may
exchange accrued sick leave for pay or for additional leave time as
appropriate, in accordance with the options provided the employee, subject to
the following provisions:
(a) No cashout of accrued sick leave will be granted for those employees
with three hundred sixty (360) hours or less of accrued sick leave except in the
event of death in the line of duty.
(b) Cashout of accrued sick leave will be granted to employees who have
accrued in excess of three hundred sixty (360) hours subject to the following
provisions:
(1) Upon retirement or death, the employee's accrued sick leave up
to a maximum of seven hundred twenty (720) hours will be cashed out at the
rate of one hundred percent (100%) of the employee's current base pay.
(ii) Upon termination under honorable conditions, as distinguished
from death or retirement, the employee's accrued sick leave up to a
maximum of seven hundred twenty (720) hours will be cashed out at the rate
of fifty percent (50%) of the employee's current base pay.
(iii) In the event of death in the line of duty, all sick leave will be
exchanged for pay at the rate of 100% of the employee's current base pay.
(iv) In no case shall the cash out payment exceed Twelve Thousand
Five Hundred Dollars ($12,500.00). Effective 1-1-02 this limit shall be
increased to Fifteen Thousand Dollars ($15,000.00); provided, however, this
cash out limit shall not apply with regard to a Death in the Line of Duty.
(c) Sick Leave Exchange. Employees who have accrued more than seven
hundred twenty (720) hours may exchange such sick leave for bonus (addi-
tional) leave at the rate of thirty-two (32) hours of sick leave for each eight (8)
hours of vacation, not to exceed a total of forty (40) hours added leave time
annually, utilization of which would be subject to the scheduling and
approval by the department head. Effective 1-1-02 such exchange shall be at
the rate of twenty-four (24) hours of sick leave for each eight (8) hours of
vacation.
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(d) Sick Leave Exchange Procedure. Any regular employee may exchange
accrued sick leave as provided in subsection (c) above at the option of the
employee, subject to the following conditions and provisions:
(i) A request for such an exchange shall be made to the Director of
Finance and Budget. All requests shall be in writing and shall be signed by
the employee making the request.
(ii) Requests will be accepted only during the first five (5) working
days of each month with exchanged leave to be available within fifteen (15)
calendar days of the date the request is received by the office of the Director
Finance and Budget. Exceptions to the above will be made for termination,
layoff or disability retirement.
(iii) No request will be granted for less than eight (8) hours pay or a
minimum of three (3) days' leave.
(iv) No exchange will be granted to an employee who has been
terminated for cause, as defined by Civil Service.
(v) In the event of layoff, exchange requests are the responsibility of
the employee.
(e) In December of each year, any accruals beyond the 1040 hour limitation
will be automatically exchanged based upon the formula of eight (8) hours
pay for each thirty-two (32) hours accrued or a percentage thereof for smaller
accruals. Such pay will appear on the employee's final paycheck for the year.
21.3 The Employer will allow an employee to use the employee's accrued
sick leave to care for a child of the employee under the age of eighteen (18)
with a health condition that requires treatment or supervision.
21.4 Employees who become ill or injured while on approved earned leave
(vacation, holiday, or comp time) may utilize sick leave for the period of
illness or injury; provided the employee immediately upon becoming
incapacitated notifies the division supervisor and presents to management
upon returning to work, a certificate from a health care provider, stating the
nature and duration of the incapacity.
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ARTICLE 22 - SICK LEAVE POOL
22.1 The City Manager or his/her designee, in his/her discretion, may grant,
with the agreement of the Local 469 Executive Board, to a regular full-time
employee who is a member of Local 469 or, with the unanimous agreement
of the Union Executive Board to a City employee, shared leave from the leave
pool provided the following conditions are met:
(a) The employee suffers from a catastrophic non -duty related illness or
injury.
(b) The employee has depleted or will shortly deplete his/her total
available paid leave. Paid leave is defined as vacation leave, sick leave,
accrued compensatory time, holiday time, and personal holiday. Shared
leave shall mean paid leave transferred to an employee pursuant to this
section.
(c) Where applicable, the employee has diligently pursued and is found to
be ineligible for Washington State Industrial Insurance benefits.
(d) The employee is not eligible for other disability benefits that meet or
exceed the limits set forth in this program pursuant to local law, state law,
federal law, insurance, and/or any agreement.
(e) In requesting, the employee must have been a donating shared leave
pool member.
22.2 An employee may donate his/her accrued paid leave hours by
submitting a time card specifying the type and amount of hours to be donated
to the IAFF Local 469 extended sick/leave pool; provided, that the donated
hours do not cause the donor employee's sick leave balance to be less than
two hundred eighty-eight (288) hours, unless otherwise approved by the Local
469 Executive Board. The minimum number of hours to be donated at any
one time is eight (8) hours. Such time cards must be received by the
timekeeper no later than the fifth (5th) day of each month.
22.3 Paid leave shall be transferred on a dollar -value basis. The value of
shared leave shall be the dollar value of the paid leave at the time it is
recorded as available for use as shared leave. Once shared leave has been
transferred to an employee, it shall be transformed into sick leave and so
credited to the employee's sick leave accrual. The dollar value of the pool
will be increased by the City by the same percentage or dollar -per -hour figure
as any wage increase effective for Local 469 members.
22.4 All requests/applications for shared leave shall be in writing on a form
provided by Local 469 and directed to the Local 469 Executive Board. Said
written application shall contain the following information:
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(a) The number of hours sought from the leave pool, in one-hour
increments.
(b) A physician's statement indicating the nature of the illness or injury,
the prognosis for recovery, and the expected duration of the absence. All such
information shall be kept confidential.
(c) An agreement to return to said leave pool any unused hours received
from said leave pool upon return to work or termination of his/her
employment for any reason.
All requests processed by the Payroll Office by the fifteenth (15th) of a month
shall be effective for that month.
22.5 The Local 469 Executive Board shall recommend whether to approve a
request for leave from the leave pool, according to the following factors:
(a) The nature of the illness or injury of the requesting employee.
(b) Any history of excessive or abusive use of sick leave by the requesting
employee.
(c) The amount of shared leave available in the leave pool.
22.6 The Union Executive Board shall make every reasonable effort to
determine that an employee is granted shared leave only for catastrophic
non -duty related illness or injury and the limitations set forth in this policy.
Use of shared leave contrary to this Agreement shall result in cancellation of
shared leave, the balance of which will be returned/transferred to the leave
pool. The Local 469 Executive Board shall so notify the involved employee
and the Director of Finance and Budget.
22.7 Hours awarded from the leave pool shall be on a first-come first-served
basis of qualified employees. The maximum withdrawal from the pool shall
be limited to the amount required to maintain the requester's employee
status for six months from the date of approval, per approval request.
22.8 The Local 469 Executive Board shall send written notification for the
award of sick leave hours from the leave pool to the City of Yakima Human
Resources Department, with a copy to the Payroll Officer. The Union
Executive Board and the City shall notify each requesting employee of the
final decision on award of hours from the leave pool.
22.9 The Personnel Officer shall be responsible for monitoring shared leave
and shall also be responsible for initiating the proper paperwork to the Payroll
Office to adjust the accrued leave balances to the recipient from the leave
pool. Records of all transactions from the leave pool to the recipient will be
maintained by the Payroll Office with a copy of each transaction also
maintained in the Human Resources Office. Recipients shall also have a
record of his/her hours received from the leave pool placed in their City and
Department personnel file.
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ARTICLE 23 - BIRTHING LEAVE / MATERNITY LEAVE
23.1 Male bargaining unit members shall be authorized to use sick leave on
the day his wife gives birth. The employee shall be released by his supervisor
upon the arrival of a replacement if such is needed to maintain Division
daily staffing requirements. If the employee's sick leave has been exhausted,
vacation, holiday or compensatory time, or other accrued time off may be
used in lieu of sick leave.
23.2 The Union and the City agree to jointly develop appropriate language
to add to this article to cover the impacts of mandates by State and Federal
statutes.
ARTICLE 24 - LIGHT DUTY
24.1 Off-duty extended injury, illness, or pregnancy
Bargaining unit members who are off-duty due to an extended injury, illness,
or pregnancy and cannot perform their regular duties may request in writing
to the Chief of the Department an assignment to light duty. This request may
be made at the end of (7) days after the point of the injury, illness, or
notification of pregnancy. Any light duty assignment will be contingent on
the Department's needs and the employee's ability to perform assigned duties
within the scope that would be allowed based on a physician's
recommendation. All light duty assignments will be for (30) days and will be
reviewed by the Chief of the Department to determine any extension of the
assignment. Light duty assignments will not include fire suppression, EMS
response, dispatching duties, or delay the appointment or filling of a Civil
Service position due to work being performed by the employee on light duty.
Any employee on light duty will maintain all the rights and benefits of this
contract and earn job and position seniority as if on full duty. Employees
assigned to light duty on an 8 hour day shift who have previously been
assigned to a 24 hour shift will have their sick leave hours converted on the
basis of one (1) hour sick leave for every three (3) hours accrued. This
exchange will cause an employee that has a maximum accumulated sick
leave from a 24-hour shift (1440 hours) to go to 480 hours. Any excess of the
day sick leave of 480 hours that an employee had earned while on the 24 hour
shift will go into a pool to be returned to that employee upon return to work
on a 24 hour shift. If the employee cannot be returned to shift work for any
reason those excess hours held in the pool would go into the sick leave pool.
In no case can the employee gain more than 100% of sick leave or income
from this assignment.
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24.2 On -duty extended injury or illness
Bargaining unit members who are injured or incur illness on duty may be
required at the discretion of the department to be placed on light duty. Any
light duty assignment will be contingent on the Department's needs and the
employee's ability to perform assigned duties within the scope that would be
allowed based on a physician's recommendation. All light duty assignments
will be for (30) days and will be reviewed by the Chief of the Department to
determine any extension of the assignment. Light duty assignments will not
include fire suppression, EMS response, dispatching duties, or delay the
appointment or filling of a Civil Service position due to work being
performed by the employee on light duty. Any employee on light duty will
maintain all the rights and benefits of this contract and earn job and position
seniority as if on full duty. Employees assigned to light duty on an 8 hour day
shift who have previously been assigned to a 24 hour shift will have their
sick leave hours converted on the basis of one (1) hour sick leave for every
three (3) hours accrued. This exchange will cause an employee that has a
maximum accumulated sick leave from a 24-hour shift (1440 hours) to go to
480 hours. Any excess of the day sick leave of 480 hours that an employee had
earned while on the 24 hour shift will go into a pool to be returned to that
employee upon return to work on a 24 hour shift. In no case can the
employee gain more than 100% of sick leave or income from this assignment.
ARTICLE 25 - COMPENSATORY TIME OFF
25.1 All bargaining unit employees shall have the option of receiving
payment or credited time off at the rate of one and one-half (1.5) actual
overtime hours worked in accordance with Municipal Code Section 2.22.040.
Compensatory time shall be separately accounted for and will have to be
cleared by use or pay by December 31, annually.
Up to forty (40) hours of compensatory time may be accumulated. Use shall be
scheduled at the City's discretion with due regard to the wishes of the
employees and the City's work requirements.
25.2 Court Appearance Leave - In the event members of the bargaining unit
receive a subpoena to appear in court to provide testimony in an official
capacity, such required absence from scheduled duty shall be considered time
worked for pay purposes. When said employees are required to appear in
court in an official capacity in their off duty hours, they shall be paid at the
applicable rate for such time. Verification of court attendance shall be on a
form prescribed by the Administration and shall include a statement of hours
signed by the relevant court clerk.
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25.3 An off duty employee who is required by the Administration to testify
before the Civil Service Board on matters pertaining to his assigned duties
shall be compensated for actual time in attendance in accordance with 25.2 of
this Article. Verification of attendance shall be on a form prescribed by
Administration and shall include a statement of hours of attendance signed
by Administration.
25.4 Training Time - For bargaining unit members, training time required
by the Administration shall be considered as time worked for compensation
purposes. Optional training and efforts expended in preparation for
promotional exams, etc., shall not be covered by this clause.
ARTICLE 26 - PUBLIC SAFETY
COMMUNICATIONS OPERATIONS
26.1 (a) Work schedules are those hours normally assigned. Work schedule
assignments shall normally be made prior to the start of the calendar year.
(b) Work schedule assignments shall normally be by seniority within
the classification. Beginning with the most senior employees, they will
indicate which current work schedule assignment they prefer. Remaining
schedule slots shall be filled by assignment of employees with the least
seniority, excluding probationary employees. Management mandated
assignments or re -assignments may become necessary as dictated by training,
staffing and special project concerns. Special project reassignments shall be
for the duration of the special project.
ARTICLE 27 - HOURS OF WORK AND OVERTIME
27.1 Overtime. For Bargaining Unit members, overtime hours are those
hours worked in excess of forty (40) hours in a regularly scheduled seven (7)
day work period and all hours outside one's normally assigned shift. For the
purposes of computing overtime all paid leave time shall be considered time
worked.
27.2 No Pyramiding. Nothing contained in this collective bargaining
agreement shall be interpreted or enforced in such a manner as to result in
the duplication, pyramiding or multiple payment (whether by fractions or
otherwise) of compensation for such items as overtime involving the same
hours of labor.
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ARTICLE 28 - TOBACCO USE ON DUTY
28.1 The Union and the City recognize that health problems are caused by
smoking and therefore agree to the elimination of the use of all tobacco
products by all members of the Fire Department in this bargaining unit from
all administrative offices, buildings or facilities of the Fire Department.
Violations of these provisions shall constitute a basis for disciplinary action to
be handled in accordance with normal disciplinary procedures.
ARTICLE 29 - PHYSICAL FITNESS
29.1 Bargaining unit members will have made available to them a time,
which shall not exceed sixty (60) minutes per work shift, to participate in an
approved aerobics/physical fitness program. This program shall be as
approved by the physical fitness committee. The scheduled times will be by
agreement between the Fire Chief and the Union. At no time shall the
scheduled aerobics/physical fitness time cause a hiring situation to happen in
order to allow anyone to participate. Relief of on -duty personnel shall only
happen when work schedules and work loads allow. At other times
participants shall use the equipment, furnished by the Administration to
accomplish their aerobics/fitness times. The participants shall provide all of
their own personal aerobics/fitness clothing. The actual schedule of the
aerobics/fitness period times, availability of relief and the list of approved
activities shall be subject to approval by the Fire Chief and the physical fitness
committee. As part of this program, the participants are encourages to be
active participants in the City's wellness program in order to have a total
wellness/fitness program.
29.2 Employees in this bargaining unit shall be required to have physical
examinations to be scheduled by and at the expense of the City. Examinations
shall be required every 2 years beginning at the age of 40. The results of a
medical examination, only as it relates to the ability of the employee to
carryout his/her job responsibilities, shall be forwarded to the Chief of the
Department. A copy of which will be sent to the employee.
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ARTICLE 30 - DEFERRED COMPENSATION
30.1 Effective 1-1-01, each bargaining unit member shall be paid, in addition
to that employee's monthly salary, deferred earned compensation each
month in an amount equal to 3% of base pay to a deferred compensation
account for each member of the bargaining unit.
30.2 Said deferred compensation is separate pay and is not part of the base
monthly salary schedule codified in Yakima Municipal Code Pay and
Compensation Ordinance, subsection 2.20.110. This provision is subject to the
City's deferred compensation rules and regulations adopted by the City
Council and IRS regulations, and the computation of retirement
contributions and pension benefits shall be governed by applicable state law.
ARTICLE 31 - DISCIPLINE AND
DISCIPLINARY PROCEDURES
31.1 Both parties have agreed to continue work and to complete a
progressive discipline policy.
ARTICLE 32 - PROPERTY LIABILITY
32.1 The City shall provide full physical damage insurance on City vehicles
which shall include Fire Department employees as insureds, or the City shall,
in the alternative, become self-insured for such physical damage. In either
case, the City waives any claim it may have against any Fire Department
employee for damage to City property while that employee is acting within
the scope of his employment except in the instance of intentional
misconduct, but the City retains its right to discipline any employee for just
cause.
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ARTICLE 33 - MUNICIPAL CODE SECTIONS PERTAINING
TO BARGAINING UNIT MEMBERS
2.04 Group Insurance
2.04.010 Plan Adopted
2.04.030 City Contributions
2.16 Bonds For Officers
2.16.010 Bonds Required - Amount
2.20 Salaries
2.20.010 Persons Subject to the Plan
2.20.040 Policy for Pay Steps
2.20.060 Transfer, Promotion, Reclassification, Demotion or
Reinstatements of Employees
2.20.070 Reduction in Salary
2.20.080 Effect on Budget
2.20.085 Reimbursement for Expenditures
2.20.086 Reimbursed Expenditures - Amounts
2.20.088 Uniform Allowance - Special Assignment Pay
2.20.100 Classification Plan
2.20.110 Compensation Plan
2.22 Fire Department - Working Conditions
2.22.010 Work Week
2.22.030 Compensation
2.22.040 Overtime Pay
2.22.050 Special Assignment Pay
2.22.060 Time -off Privileges - Vacation Leave
2.22.070 Time -off Privileges - Compassionate Leave
2.22.075 Time -off Privileges - Sick Leave
2.22.080 Holidays
2.24 Longevity Plan
2.24.010 Longevity Plan - Eligibility - Restrictions
2.24.015 Longevity Plan - Service Recognition Award
2.24.020 Leave Of Absence for Service in Armed Forces
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2.40
2.40.010
2.40.020
2.40.030
2.40.040
2.40.050
2.40.060
2.40.070
2.44
2.44.030
2.44.040
2.44.050
2.44.60
Leaves Of Absence
Eligible Employees
Vacation Leave
Sick Leave
Civil Leave
Military Leave
Leave Without Pay
Unauthorized Absence
Lobbying by City Personnel
Permitted Activities of Representatives
Payment for Services of Representative
Prohibited Expenditures
Ethical Practices and Conduct
In cases of conflict between the Municipal Code and this Agreement, the latter
shall control. Nothing herein shall alter the parties' rights and obligations to
bargain collectively concerning proposed changes in the Municipal Code that
affect wages, hours or working conditions of bargaining unit employees.
ARTICLE 34 - ENTIRE AGREEMENT
34.1 This collective bargaining agreement constitutes the entire agreement
as negotiated between the parties and no oral statements and/or previous
written agreements shall add to or supersede any of the specific provisions of
this agreement.
34.2 The Administration and the Union agree to establish monthly
meetings for the purpose of discussing matters considered of importance and
to maintain a channel of communication. It is intended that such
communication be used as a tool to prevent problems from developing and
to solve problems which have surfaced.
34.3 The problem resolving meetings shall not result in any modifications
to this collective bargaining agreement except by mutual written agreement
by the parties.
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ARTICLE 35 - SAVINGS CLAUSE
35.1 All provisions of this Agreement are subject to applicable laws, and if
any provision of any article of this Agreement is held or found to be in
conflict therewith, said provision shall be void and shall not bind either of
the parties hereto; however, such invalidity shall not affect the remaining
articles of this Agreement. Notwithstanding any other provisions of this
Agreement the Employer may take all actions reasonable to comply with the
Americans with Disabilities Act and the Family Medical Leave Act.
ARTICLE 36 - CREATION OF NEW CLASSIFICATIONS
36.1 The salary, hours of work and fringe benefits for all newly created
classifications within the bargaining unit shall be negotiated with the Union.
The Employer will provide a job description for the new classification to the
bargaining unit representative prior to seeking applications for the new
position. Thereafter, the classification shall be filled by open and competitive
competition. If the new classification would be a logical progression for an
existing classification, then it will be filled by the promotional process.
Otherwise, the new classification would be filled by open and competitive
competition. All areas negotiated for the new classification shall be applied
retroactive to the date of hire or promotion of any individual who is placed
into the new classification.
ARTICLE 37 - CLASSIFICATION STUDIES
37.1 The long term assignment (greater than 6 months) of uncharacteristic
duties to any classification in the bargaining unit must be accompanied by a
classification study. The classification study shall be accomplished in a
reasonably timely manner.
37.2 An outside consultant shall perform classification studies for
Maintenance Mechanic, Electronics Technician II, Fire Secretary II, and 9-1-1
Calltakers when the next classification studies are performed for Charter Civil
Service positions in 2001. The City and the Union shall meet with the
consultant prior to the beginning of the studies to discuss the parameters.
Upon completion of the studies, the City and the Union shall review the
results and recommend compensation adjustments for Council
consideration. If the results of the studies indicate that increases in
compensation are warranted, the City shall make every effort to budget for
the recommended adjustments. Compensation adjustments shall be
implemented January 1, 2002 subject to the availability of funds. If revenue
shortfalls continue to exist compensation adjustments shall be implemented
on a phased -in basis over multiple years.
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Amended 3/18/2003
ARTICLE 38 - VEBA MEDICAL SAVINGS ACCOUNT
38.1 The Bargaining Unit shall have the option of participating in a medical
savings trust fund. Participation of the members shall be either all -in or all-
out depending on the vote of the body. This trust fund shall be funded by the
employee's sick leave cash out at the time of retirement.
ARTICLE 39 - TERM OF THE AGREEMENT
39.1 This Agreement shall be deemed effective from and after the 1st day of
January, 2001 through the 31st day of December, 2003; Provided, however, that
this agreement shall be subject to such periodic changes as may be voluntarily
and mutually agreed upon by the parties hereto during the term thereof.
Executed by the parties hereto this 19ttday of March
CITY OF YAKIMA:
By:
UNION:
B
R. A. Zai s - r. P esid
City Manager on
, 2003.
ATTEST:
By.
Sec -Tr - asurer, IAFF 469
Tom chneider
By: Ko-, K' SELA
City Clerk
Contract No. 2003-32
Resolution No. R-2003-47
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Amended 3/18/2003
ITEM TITLE:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. " I g.
For Meeting Of 3/18/03
Consideration of a Resolution authorizing the execution the amended 2001-2003
Collective Bargaining Agreements Between the City of Yakima and IAFF Local 469
(Fire PERS and Public Safety Dispatchers and Lead Dispatchers) and Legislation
Amending the Classification and Compensation Plan for Certain City Employees and
Legislation Amending subsections 2.20.100A, 2.20.100B, 2.20.110 A, 2.20.110E and
2.20.110F, all of the City of Yakima Municipal Code
SUBMITTED BY: Dick Zais, City Manager; Dennis Mayo, Fire Chief; Sheryl M. Smith, Deputy Human
Resources Manager
CONTACT PERSON/TELEPHONE:
Sheryl Smith, x6090
SUMMARY EXPLANATION:
The attached resolution amends the existing 2000-2003 collective bargaining agreements with the IAFF,
Local 469 for the Fire PERS/9-1-1 Calltakers and the Public Safety Dispatchers and Lead Dispatchers
bargaining units. These contracts contained wage reopeners for calendar year 2003 and the parties have
negotiated a wage settlement for both bargaining units of 2.5% effective January 1, 2003 and 1.0 effective
July 1, 2003. Additionally, the parties mutually agreed to housekeeping corrections within the Fire PERS/9-
1-1 Calltakers collective bargaining agreement to include Article 8 -Grievance (replaced calendar days with
working days); Article 12 - Promotional Standards (salary adjustment resulting from calltaker to
dispatcher); Article 18.7 - Trainin.g Officer (eliminated reference to expired dates); and Article 18.8 - 911
Calltaker (deleted this article, no longer applicable). Housekeeping corrections mutually agreed to within
the Public Safety Dispatchers and Lead Dispatchers collective bargaining agreement include Article 8 -
Grievance - (replaced calendar days with working days); Article 18.3(c)(i) - Acting Pay (clarified who is
eligible for assignment as Lead Dispatcher); Article 18.7 - Training Officer (eliminated reference to expired
dates); Article 26.4 (a) and (b) - (added language clarifying work schedules and assignments).
Ordinance A amends the compensation plan for the Fire PERS/9-1-1 Calltakers and the Public Safety
Dispatchers to included the negotiated wage settlement for both bargaining units of 2.5% effective January
1, 2003 and 1.0 effective July 1, 2003. According to the City's calculations, the estimated cost of this wage
adjustment is 3.0% or $39,164 for 2003 and has been included in the 2003 budget.
•continued•
Resolution X Ordinance X Other (Specify)
Contract X Mail to (name and address):
Funding Source
Fire and. Police Departnen i- • ,ets
APPROVED FOR SUBMITTAL
STAFF RECOMMENDATION: Enact Resolution Authorizing the Execution of the Fire PERS/9-1-1
Calltakers and Public Safety Dispatchers and Lead. Dispatchers Collective Bargaining Agreements. Adopt
Classification and Compensation Ordinance.
Ordinance B includes a reallocation of the Police Chief classification from pay range 964 ($6,502-
$7,897/mo) to pay range 963 ($6,826-$8,294/rno). The purpose of this adjustment is to place the
City of Yakima in a more attractive economic position in our second recruitment effort for the
vacant Police Chief position. During the first recruitment we became aware that our Police Chief
salary was lower than many other Police Chief advertisements. Competitively, this has placed the
City of Yakima in a disadvantageous position in the marketplace to recruit and retain qualified
individuals with the expertise necessary for this level of responsibility. Additionally, the salary
compression within the police management ranks provides little economic incentive to promote to
the Chief's position. A copy of the memorandum recommending this adjustment is attached for
reference.
OFFICE OF THE CITY MANAGER
129 North Second Street
CITY HALL, Yakima, Washington 98901
Phone (509) 575-6040
Memorandum
Date: March 13, 2003
To: Mayor and City Council Members
From: Dick Zais, City Manager
Subj: Police Chief Compensation Adjustment
The City of Yakima is beginning a second recruitment process for the current Police
Chief vacancy. During the first recruitment we became aware that our Police Chief
salary was lower than many other Police Chief advertisements. Competitively, this has
placed the City of Yakima in a disadvantageous position in the marketplace to recruit
and retain qualified individuals with the expertise necessary for this level of
responsibility. Due to salary compression within the police management ranks, there is
little economic incentive to promote to the Chief's position. Currently, there is
approximately a 10% difference between top step Police Chief and Police Captain and
approximately a 10% spread between top step Police Captain and Police Lieutenant, not
including any overtime earnings.
Consequently, to assist us with a successful outcome to this current search process, we
have conducted a current salary survey for the Police Chief classification. Attachment
A reports the results of the salary survey which indicates that our 2003 top step
compensation for Police Chief is 9.6% or $758.00 per month below the 2002 top step
compensation for other comparable cities with of a population of 35,000 to 85,000.
To increase our competitiveness in the marketplace, it is recommended that the Police
Chief classification be reallocated from pay range 964 ($6,502/mo - $7,897/mo) to 963
($6,826/mo - $8,294/mo). This reallocation places the Police Chief classification one
pay range below the Assistant City Manager classification at pay range 962 ($7,162/mo
- $8,710/mo). It is important to note that that the actual cost of filling this vacancy, even
with the reallocation to a higher pay range, will be less than the cost of the incumbent
who recently retired. This is due to the fact that any new employee will not be eligible
for longevity pay for five years and the employee who retired was receiving longevity
at 9.0 %.
We recognize that at a point in the future we will want to review the compensation
levels of other management positions; however, in our current economic climate, this is
not the appropriate time to do so. In summary, if we do not maintain a competitive
position in the marketplace in the regional northwest or Washington state, it will be a
deterrent to hiring the best and brightest to meet our organizational needs.
Yakima
Attachment A
Management Compensation
Chief Police
Washington Cities Population
35,000-85,000
2002 2002 2002
Rank City Population Annual Salary Monthly Salary
1 City of Kirkland 45,770 $114,756 $9,563
2 City of Renton 51,140 114,612 9,551
3 City of Olympia 42,530 109,056 9088
4 City of Edmonds 39,590 108,804 9,067
5 City of Kent 81,900 107,928 8,994
6 City of Redmond 45,490 107,136 8,928
7 City of Richland 39,350 105,276 8,773
8 City of Auburn 43,985 101,112 8,426
9 City of Bremerton 37,260 98,808 8,234
10 City of Longview 35,100 96,564 8,047
11 City of Bellingham 68,890 92,844 7,737
13 City of Kennewick 55,780 89,292 7,441
Average $103,849 $8,654
12 City of Yakima 2002 Step E $91,768 $7,647
$ Difference From Average $12,081 $1,007
% Difference 13.17 %
2003 Yakima Chief Of Police $94,768 $7,897
$ Difference From 2002 Average $ 9,081 $ 757
% Difference From 2002 Average 9.6 %
2003 Assistant City Manager $ 104,520 $ 8,710
Human Resources
Police Chief Salary Survey.doc